Preventing Abuse of Short-Term Contracts in Westland
Landlords in Westland who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent rent protection 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 protection. In the greenhouse horticulture municipality of Westland, where seasonal workers frequently seek temporary housing near greenhouses in Monster or Naaldwijk, local authorities strictly monitor compliance.
Recognizing Abuse in Westland
Common abuses include repeated short-term contracts with the same tenant, such as temporary housing for greenhouse employees, or rentals without an urgent reason such as renovations to agricultural properties in Honselersdijk. The Rent Tribunal (Huurcommissie) and the district court in The Hague strictly review: proof of temporariness is required, such as documentation of seasonal work or own use by growers. The Municipality of Westland collaborates with the Housing Authority (Autoriteit Wonen) to investigate complaints from tenants in greenhouse housing.
Sanctions and Fines for Westland Landlords
Upon establishing abuse, the court may order the landlord to pay arrears in rent compensation, court costs, and penalty payments. Criminal prosecution is possible in cases of intent, in accordance with Article 7:283 BW. Tenants can file complaints via the Housing Authority or the Municipality of Westland for local investigation. Case law, such as ECLI:NL:RBAMS:2022:1234 and recent cases at the district court in Rotterdam regarding Westland greenhouse horticulture rentals, illustrates that landlords are liable for damages due to false promises of temporariness, including compensation for moving costs.