Home Invasion for Tenants in Rotterdam: Protection of Your Home
Home invasion is the unlawful entry or stay in a home. As a tenant in Rotterdam, you enjoy full protection of your home rights, just like an owner. This article discusses when there is home invasion, your rights and steps in case of unlawful access by the landlord.
Legal Definition
Home invasion is punishable under Article 138 of the Criminal Code. It protects your right to undisturbed enjoyment of your home. Tenants in Rotterdam have this right in full, even without ownership.
There is home invasion if someone:
- Unlawfully enters a home, or
- Unlawfully stays and does not leave after demand by the entitled party
When May the Landlord in Rotterdam Enter?
Landlords may not just enter your rental home in Rotterdam. Strict rules apply:
Permitted Entry
| Situation | Condition |
|---|---|
| Urgent repairs | Notify in advance, except in case of acute danger |
| Periodic inspection | Announce in writing and make an appointment |
| Viewing for sale | Reasonable times, with your permission |
| Emergency (fire, leak) | Immediately permitted |
Not Permitted
- Entry without announcement or permission
- Use of spare key without consultation
- Access during your absence (exception emergency)
- Coercion or intimidation for access
Rights as a Tenant in Rotterdam
As a tenant, you may:
- Refuse access without valid reason
- File a police report with Rotterdam police
- Claim damages for unlawful access
- Replace locks (notify landlord)
Penalties
Home invasion is a misdemeanor with penalties up to:
- Basic form: max. 1 year imprisonment or fine
- With violence: max. 2 years imprisonment
- Group offense: aggravated
In addition, civil liability for damages. In Rotterdam, cases are handled by the District Court Rotterdam, Wilhelminaplein 100-125.
Actions in Case of Home Invasion in Rotterdam
- Document everything: date, time, details
- Take photos/videos as evidence
- Collect witness statements
- Police report Rotterdam
- Registered letter to landlord
- Help via Juridisch Loket Rotterdam, Westblaak 180
Frequently Asked Questions
May landlord use spare key?
Yes for emergencies, but not without permission or notification. Unlawful use is home invasion.
Urgent repair?
Yes in real emergency (gas leak), otherwise no. Proof required; objection possible afterwards.
Replace locks?
Yes for safety, inform landlord and provide spare key for emergencies. Costs usually at your own expense.
Business premises?
Homes: art. 138 Criminal Code; business: art. 138a Criminal Code. Similar protection for tenants.
Legal Options Rotterdam
In case of repetition:
- Summary proceedings District Court Rotterdam for prohibition
- Rent Tribunal for maintenance disputes
- Damage claim subdistrict court
- Demand rent reduction in case of nuisance