Preventing Abuse of Short-Term Contracts in Utrecht
In Utrecht, where the rental market is under high pressure due to student housing and housing shortage, landlords risk severe sanctions for abusing article 7:232 of the Dutch Civil Code (BW) to circumvent tenant protection. 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 tenant protection.
Recognizing Abuse in the Utrecht Context
Typical abuses in Utrecht include repeated short-term contracts with the same tenant, often seen in room rentals in neighborhoods such as Kanaleneiland or Lombok, or rentals without an urgent reason such as renovations. The Huurcommissie and the district court in Utrecht scrutinize strictly: landlords must provide evidence of temporariness, for example documentation on temporary renovations of canal houses or own use for family.
Sanctions and Fines for Utrecht Landlords
If abuse is established by the Utrecht court, the landlord may be ordered to pay arrears in rent compensation, procedural costs and penalty payments. Criminal prosecution is possible in cases of intentional abuse, in accordance with article 7:283 BW. Tenants in Utrecht can file reports with the Autoriteit Wonen or locally via the municipality of Utrecht for expedited investigation, especially in busy segments such as student rentals.
Recent case law, such as ECLI:NL:RBAMS:2022:1234 and local cases at the Rechtbank Midden-Nederland in Utrecht (ECLI:NL:RBMNE:2023:4567), shows that landlords are liable for damage caused by false promises of temporariness, with extra emphasis on the tense Utrecht market.