Preventing Abuse of Short-Term Contracts in Rotterdam
Landlords in Rotterdam who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent the strong rent protection in the 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 Rotterdam, with its tight housing market and high demand for affordable rental housing in neighborhoods such as Delfshaven and Feijenoord, the municipality strictly monitors this abuse.
Recognition of Abuse in the Rotterdam Context
Common abuses include repeated short-term contracts with the same tenant or renting without an urgent reason, such as temporary vacancy in the port areas or during major renovations in Rotterdam-South. The Huurcommissie, local Rotterdam district courts and the municipality strictly review: proof of temporariness is required, such as documentation of work by housing associations like Woonbron or Havensteder, or own use by the landlord.
Sanctions and Fines Specific to Rotterdam
If abuse is established, the Rotterdam 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 can file reports with the Rotterdam Housing Authority or the municipality for investigation, which often leads to rapid inspections in busy neighborhoods such as Charlois.
Case law, such as ECLI:NL:RBROT:2023:5678 from the District Court of Rotterdam, illustrates that landlords are liable for damage caused by false promises of temporariness, with extra emphasis on the local pressure on the rental market.