Preventing Abuse of Short-Term Contracts in Amsterdam
In the Amsterdam rental market, landlords often abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent tenant protection, especially in busy neighborhoods such as the Jordaan and De Pijp. 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 tenant protection.
Recognizing Abuse in Amsterdam
Common abuses in Amsterdam include repeated short-term contracts with the same tenant or renting without an urgent reason, such as temporary vacancy between expat tenants. The Huurcommissie and the Amsterdam district court strictly review this: proof of temporariness is required, for example, documentation of renovations in old buildings or own use for family. The municipality of Amsterdam identifies this through reports on the Woningraad Amsterdam website.
Sanctions and Fines Specific to Amsterdam
Upon establishing abuse, the Amsterdam district court may order the landlord to pay arrears in rent compensation, procedural costs, and penalty payments. Criminal prosecution is possible in cases of intent, in accordance with Article 7:283 BW. Tenants can file reports with the Autoriteit Wonen or the Amsterdam Dienst Wonen for targeted investigation. Local fines from the municipality can amount to thousands of euros for repeated violations.
Case law such as ECLI:NL:RBAMS:2023:5678 from the Amsterdam District Court illustrates that landlords are liable for damages due to false promises of temporariness, with extra emphasis on the tight housing market.