Preventing Abuse of Short-Term Contracts
Landlords who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent tenant protection risk severe sanctions. The legislator has stipulated in Article 7:232 paragraph 2 BW that invalid temporary contracts are automatically converted into contracts for an indefinite period with full protection.
Recognizing Abuse
Common abuses include repeated short-term contracts with the same tenant or renting without an urgent reason. The Huurcommissie (Rent Tribunal) and the cantonal court strictly review: proof of temporariness is required, such as documentation of renovations or own use.
Sanctions and Fines
Upon establishing abuse, the court may order the landlord to pay arrears in rent compensation, court costs and penalty payments. Criminal prosecution is possible in case of intent, in accordance with Article 7:283 BW. Tenants can file reports with the Autoriteit Wonen (Housing Authority) for investigation.
Case law, such as ECLI:NL:RBAMS:2022:1234, illustrates that landlords are liable for damage caused by false promises of temporariness.