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Airbnb and Right of Peaceful Enjoyment in Utrecht: Illegal Rental and Intruders' Rights

Airbnb rental and breach of right of peaceful enjoyment in Utrecht: rules for guests, illegal subletting, reporting obligation to the municipality and police involvement for lingering bookers.

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Airbnb Guests and Breach of Right of Peaceful Enjoyment in Utrecht: Tenants' Responsibilities

In Utrecht, where the rental market is tight and tourism flourishes around the Dom and canals, as a tenant you risk claims of breach of right of peaceful enjoyment via Airbnb if guests linger. Uninvited guests themselves commit breach of right of peaceful enjoyment, but local rules make it extra strict.

Rules for Temporary Rental in Utrecht

  • Check lease agreement: often prohibition on subletting, especially in student housing at the Utrecht Universities.
  • Under reportable holiday rental: report within 5 working days to the municipality of Utrecht via the online portal, max. 30 nights/year per property (capital ban does not apply, but enforcement is strict).
  • Guests: require return of keys and use smart locks; register stay for evidence.

In Case of Nuisance in Utrecht

First send a written demand to leave, if refused call the police. Article 138 Criminal Code applies to paying guests after end of contract. Supreme Court (2022): lessor remains entitled party, but Airbnb tenant may claim via summary proceedings at the District Court Midden-Nederland.

Tip: file complaint with Airbnb platform and report nuisance to Utrecht neighbourhood team. Avoid fines up to €21,750 for illegal rental, plus local coercive sums of €250/day.

Rent smartly in Utrecht, protect your right to peaceful enjoyment of home and enjoy the city without risks.