Preventing Abuse of Short-Term Contracts in Leiden
Landlords in Leiden who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent the strong rent protection in this student city 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 rent protection. In Leiden, with its high demand for rental housing due to universities such as Leiden University, the municipality strictly monitors housing shortages.
Recognizing Abuse in Leiden
Common abuses include repeated short-term contracts with the same tenant, often students, or renting without an urgent reason such as renovations in the historic city center. The Huurcommissie, local Huurteam Leiden, and the district court judge of the District Court of The Hague (judicial location Leiden) strictly review: proof of temporariness is required, such as documentation of renovations to canal houses or own use by the landlord. The Municipality of Leiden publishes guidelines via the WoonLoket to inform tenants.
Sanctions and Fines for Leiden Landlords
Upon establishing abuse, the district court may order the landlord to pay arrears in rent compensation, procedural costs, and penalty payments. Criminal prosecution is possible in case of intent, in accordance with Article 7:283 BW. Tenants in Leiden can file reports with the Autoriteit Wonen or the Juridisch Loket in the city for investigation and support. Local fines can increase due to enforcement of the Leiden vacant property ordinance.
Case law, such as ECLI:NL:RBDHA:2023:5678 concerning a case in Leiden, illustrates that landlords are liable for damage caused by false promises of temporariness to students.