Home Invasion for Tenants in Amsterdam: Protection of Your Home
Home invasion (huisvredebreuk) is the unlawful entry or stay in a home. As a tenant in Amsterdam, you enjoy full protection under the right of abode (huisrecht), just like an owner. This article discusses when entry is punishable, your rights and steps in case of unlawful access by the landlord.
Legal Basis in the Netherlands
Home invasion falls under Article 138 of the Dutch Criminal Code. It protects your right to privacy in the rental home. Tenants in Amsterdam have exactly the same rights, regardless of ownership.
There is home invasion if someone:
- Unlawfully enters the home, or
- Unlawfully stays and does not leave after demand by the tenant
Landlord Access: Rules in Amsterdam
Landlords in Amsterdam may not just enter. Strict conditions apply:
Permitted Entry
| Situation | Condition |
|---|---|
| Urgent Maintenance | Notify in advance, except in emergencies |
| Periodic Inspection | Written notice, appointment |
| Viewing for Sale | Reasonable notice, your consent |
| Emergency (leak, fire) | Immediately permitted |
Not Permitted
- Enter without permission or notice
- Use own key without consultation
- Access during your absence (except emergency)
- Apply force or intimidation
Rights of Tenants in Amsterdam
As a tenant, you may:
- Refuse access without valid reason
- File a police report with Amsterdam Police
- Claim damages in case of wrongdoing
- Change locks (inform landlord)
Penalties for Home Invasion
This is a misdemeanor with penalties via the Amsterdam District Court:
- Basic form: max. 1 year imprisonment or fine
- With Violence/Threat: max. 2 years imprisonment
- Group Offense: aggravated
Civilly: damages possible.
Action Plan in Case of Incident
- Document: date, time, details
- Collect Photos/Videos
- Involve Witnesses
- Police Report Amsterdam Police
- Registered Letter to landlord
- Legal Advice via Legal Aid Office
FAQ Home Invasion Amsterdam
May landlord use spare key?
Yes for emergencies, no without your permission. Unlawful use = home invasion.
Urgent? What then?
Real emergency (gas, fire) okay, otherwise not. Proof required; objection possible.
Replace locks?
Yes, for safety. Inform landlord, at your own cost (unless landlord's fault).
Business premises too?
Residential: art. 138 Criminal Code; Business premises: art. 138a Criminal Code. Similar protection.
Legal Assistance Amsterdam
In case of escalation:
- Summary Proceedings Amsterdam District Court, Parnassusweg 220
- Rent Tribunal for maintenance
- Damage Claim subdistrict court
- Rent Reduction in case of nuisance
- Legal Aid Office Amsterdam, Vijzelstraat 77