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Legal Consequences of Landlord Trespass: Criminal and Civil Claims

Discover the criminal and civil consequences of landlord trespass, including fines, imprisonment, and damage claims. Learn how to gather evidence and pursue rent reduction or lease termination.

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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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