Legal Consequences of Trespass: What Happens After Filing a Report?
Trespass by a landlord can result in severe penalties. Article 138 of the Dutch Criminal Code provides for imprisonment of up to six months or a fine of the third category. As a tenant, you may also pursue civil proceedings for damages.
Criminal Consequences
The Public Prosecutor decides on prosecution. For a first offense, a settlement offer (fine) is often proposed. Repeated violations lead to criminal proceedings. Evidence such as key imprints, witness statements, or camera footage is crucial.
Civil Remedies
- Damage Claim: For emotional distress, material damage, or depreciation of rental value.
- Rent Reduction: Through the Rent Tribunal, claims of up to 100% reduction for the period of the violation.
- Termination of Lease Agreement: Judicial intervention in cases of structural violations.
Practical Tips
Document everything: photos, emails, and police reports. Engage a tenancy law attorney immediately for a demand letter and legal proceedings. In 2023, the Amsterdam District Court ruled that a landlord had to pay €5,000 in damages for unlawful entry.
By acting swiftly, you effectively protect your right to privacy and deter future violations.
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