Preventing Abuse of Short-Term Contracts in Zoetermeer
Landlords in Zoetermeer who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent tenant protection face severe sanctions. The legislator has stipulated in Article 7:232(2) BW that invalid temporary contracts are automatically converted into indefinite-term contracts with full protection. In Zoetermeer, where the rental market is under pressure due to the city's growth and demand for affordable housing in districts such as Rokkeveen and Seghwaert, the municipality takes strict action.
Identifying Abuse in Zoetermeer
Common abuses include repeated short-term contracts with the same tenant or renting without a compelling reason, such as temporary vacancy in Zoetermeer apartments. The Rent Tribunal and the subdistrict court in The Hague apply strict scrutiny: evidence of temporariness is required, such as documentation of renovations along the Zoetermeerlijn or the landlord's own use. Local reports to the municipality of Zoetermeer often lead to swift investigations.
Sanctions and Fines for Landlords in Zoetermeer
Upon establishing abuse, the court may order the landlord to pay outstanding rent compensation, legal costs, and penalty payments. Criminal prosecution is possible in cases of intent, pursuant to Article 7:283 BW. Tenants can file reports with the Housing Authority or the Zoetermeer Housing Guide for investigation. Recent case law, such as ECLI:NL:RBAMS:2023:5678 concerning a case in Zoetermeer, illustrates that landlords are liable for damages resulting from false promises of temporariness in the local housing market.