What Does Tenancy Protection Mean?
Tenancy protection ensures that tenants in Westland cannot be evicted from their homes without valid reasons. A landlord can only terminate the tenancy based on statutory grounds and must take legal action through the courts if the tenant disagrees. This right forms a crucial foundation for tenants in this region.
Who Is Entitled to Tenancy Protection?
| Type of Housing | Tenancy Protection? | Explanation |
|---|---|---|
| Self-contained dwelling | Full | Own entrance, kitchen, and sanitary facilities |
| Non-self-contained dwelling (room) | Partial | Protection depends on circumstances |
| Temporary tenancy (< 2 years) | Limited | No rights after contract ends |
| Lodging tenancy | Limited | Fewer rights during the first 9 months |
| Recreational dwelling | No | Intended for temporary use |
What Does Tenancy Protection Include?
- Protection against termination: Landlord cannot terminate the tenancy without valid reason
- Protection against eviction: Only a court can approve eviction
- Rent control: Maximum rent and increases in the social housing sector
- Right to continuation: In the event of the tenant's death
Statutory Grounds for Termination
Termination Possible In Case Of:
- Poor tenant behavior (e.g., non-payment or nuisance)
- Necessary personal use by the landlord
- Refusal of a reasonable new tenancy proposal
- Implementation of a zoning plan
When Is There No Tenancy Protection?
- Temporary use (e.g., holiday homes)
- Tenancy linked to another agreement (such as employment)
- Lodging tenancy during the first 9 months
- Specific dwellings for certain target groups
Steps to Take if the Landlord Terminates the Tenancy
- Stay calm; you are protected by law
- Respond in writing within 6 weeks of receipt
- Refuse termination if you wish to remain in the dwelling
- Seek legal assistance, for example, via Juridisch Loket Westland
- Continue paying rent to maintain your rights
Can I Waive Tenancy Protection?
No, waiving tenancy protection is legally invalid, even if stated in a contract.
Tenancy Protection for Temporary Contracts?
You are protected during the contract period, but for contracts shorter than 2 years, the tenancy ends automatically upon expiration.
Impact of Long-Term Residency?
If you have lived in the dwelling for a long time, this strengthens your position. Courts take this into account in their decisions.
Frequently Asked Questions About Tenancy Protection in Westland
What are my rights as a tenant in Westland?
As a tenant, you have the right to a safe dwelling, protection against unreasonable rent increases, and the ability to take action if the dwelling is uninhabitable.
Can my landlord increase the rent arbitrarily?
No, rent increases must comply with statutory regulations. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The deposit must be held by the landlord in a separate account and refunded within 30 days after the end of the tenancy, unless damage has been identified.
How do I terminate my tenancy?
You can terminate the tenancy by observing the notice period specified in your contract. This must generally be done in writing.
What if my dwelling has defects?
Request the landlord in writing to carry out repairs. If this is not done within a reasonable time, you can take action yourself and offset the costs against the rent.