Home Invasion for Tenants in Westland: Protection of Your Home
Home invasion means the unlawful entry or remaining in a home. In Westland, as a tenant you enjoy full protection, just like owners. This article discusses when there is home invasion, your rights and steps in case of unlawful entry by the landlord in the Westland region.
Legal Basis
Home invasion falls under Article 138 of the Criminal Code and protects the right to a home: your right to undisturbed occupancy. Tenants in Westland have exactly the same claim to this, regardless of ownership.
There is home invasion if someone:
- Unlawfully enters the home, or
- Unlawfully remains and does not leave after summons by the entitled party
Landlord Access in Westland
Landlords may not just enter. Strict rules apply in Westland:
Permitted
| Situation | Condition |
|---|---|
| Urgent repairs | Notify in advance, except in case of acute danger |
| Periodic inspection | Written notice, appointment |
| Viewing for sale | Reasonable time, with your consent |
| Emergency (leak, fire) | Immediately permitted |
Not permitted
- Entering without permission or notice
- Using own key without consultation
- During your absence (emergency exception)
- Coercion or intimidation for access
Tenant Rights Westland
As a tenant, you may:
- Refuse access without valid grounds
- File a police report
- File a damage claim in case of unlawful entry
- Change locks (inform landlord)
Penalties and Consequences
Home invasion is a crime:
- Simple case: max. 1 year imprisonment or fine
- With violence/threat: max. 2 years imprisonment
- Group person: aggravated
Civilly: compensation possible via District Court of The Hague (Westland district).
Actions in Case of Incident
- Document: date, time, details
- Photos/videos as evidence
- Witness statements collect
- Police report
- Registered letter to landlord
- Legal assistance via Legal Aid Office Westland
FAQ Westland
May landlord use spare key?
Yes for emergencies, but not without your permission. Unauthorized use is home invasion.
Urgent? May enter just like that?
Only in real emergency (gas, fire). Otherwise, urgency must be proven; objection possible.
Replace locks?
Yes for safety. Inform landlord, at your own expense unless landlord at fault.
Business premises too?
Homes: art. 138 Criminal Code. Business premises: art. 138a Criminal Code (local peace breach). Similar protection.
Legal Steps Westland
In case of repetition:
- Summary proceedings at District Court of The Hague for injunction
- Rent Tribunal for maintenance disputes
- Claim damages subdistrict court
- Demand rent reduction in case of nuisance
Advice: contact Legal Aid Office Westland for free help.