Home Invasion for Tenants in The Hague: Protection of Your Home
Home invasion is the unlawful entry or remaining in a home. In The Hague, as a tenant you enjoy full protection, just like owners. This article discusses when entering is punishable, your rights, and steps in case of violation by your landlord.
Legal Basis in The Hague
Home invasion falls under Article 138 of the Dutch Criminal Code. The right of residence guarantees your peace in the home, also as a tenant. The District Court of The Hague (Prins Clauslaan 60) handles such cases.
We speak of home invasion if someone:
- Unlawfully enters the home, or
- Unlawfully remains and does not leave after being called upon by the entitled party
When May the Landlord Enter in The Hague?
Landlords in The Hague may not just enter. Strict rules apply:
Permitted
| Situation | Condition |
|---|---|
| Urgent maintenance | Announce in advance, except in case of acute danger |
| Periodic inspection | Written notice and appointment |
| Viewing for sale | Reasonable time, with your consent |
| Emergency (leak, fire) | Immediately permitted |
Not Permitted
- Enter without permission or notice
- Use own key without consultation
- During your absence (exception emergency)
- Apply force or intimidation
Rights of Tenants in The Hague
As a tenant, you may:
- Refuse access without valid reason
- File a police report for home invasion
- Claim damages for unlawful entry
- Change locks (notify landlord)
Penalties for Home Invasion
It is a misdemeanor with penalties up to:
- Basic form: max. 1 year imprisonment or fine
- With violence/threat: max. 2 years
- Group offense: aggravated
Civilly, a damages claim often follows. Address the District Court of The Hague.
Actions in Case of Incident in The Hague
- Document everything - date, time, details
- Take photos/videos as evidence
- Collect witness statements
- Involve police for report
- Registered summons to landlord
- Help via Legal Aid Office The Hague (Lutherse Burgwal 10)
FAQ Home Invasion The Hague
Does landlord have right to key?
Yes, for emergencies, but not for unauthorized use. That can be punishable.
Urgent? May enter anyway?
Only in real danger such as leakage. Proof required; objection possible afterwards.
Replacing locks okay?
Yes, for safety. Inform landlord and offer spare key.
Applies to commercial property too?
Homes: art. 138 Criminal Code. Commercial spaces: art. 138a (local peace breach). Similar protection.
Next Steps The Hague
In case of escalation:
- Summary proceedings at District Court of The Hague for prohibition
- Rent Tribunal for maintenance disputes
- Claim damages subdistrict court
- Demand rent reduction in case of nuisance
Visit District Court of The Hague, Prins Clauslaan 60 or Legal Aid Office The Hague, Lutherse Burgwal 10 for advice.
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