Accessibility Compliance
The legal standards for accessibility in residential buildings, which are primarily enforced for new constructions and major renovations.
The Prohibition of 'Eigenrichting'
The Dutch legal system is built on the principle that individuals cannot take the law into their own hands. This concept, known as eigenrichting (literally 'directing one's own justice'), is strictly forbidden. In the context of rental law, this translates to an absolute ban on 'self-help evictions'. A landlord, regardless of how frustrated they are with a tenant or how valid they believe their reasons are, cannot bypass the legal system to force a tenant out. Any attempt to do so is illegal and carries severe consequences.
This prohibition is one of the most fundamental protections a tenant has. It ensures that the potentially life-altering event of an eviction is always subject to judicial oversight, preventing landlords from acting as judge, jury, and executioner.
What Constitutes a Self-Help Eviction?
A self-help eviction includes any action taken by a landlord to make a property inaccessible or uninhabitable in order to remove a tenant. Common examples of these illegal acts include:
- Lockouts: Changing the locks on the doors to prevent the tenant from entering. This is the most common and blatant form of
eigenrichting. - Removing Belongings: Physically taking the tenant's personal property out of the home.
- Cutting Off Utilities: Shutting off essential services like gas, water, or electricity that are part of the rental agreement.
- Intimidation and Threats: Using harassment or threats to frighten a tenant into leaving.
All of these actions are illegal. The only legal way to evict a tenant is by obtaining an eviction order (ontruimingsvonnis) from a judge and having it executed by a court bailiff (deurwaarder).
A Tenant's Recourse Against a Lockout
Being illegally locked out of your home is an emergency situation. A tenant in this position should take immediate action:
- Call the Police: A lockout can be considered a criminal offense. The police can document the incident and may order the landlord to restore access.
- Seek an Emergency Injunction (
Kort Geding): The tenant's lawyer can immediately file for an emergency court proceeding. A judge will hear the case on very short notice. The outcome is almost certain: the judge will order the landlord to grant the tenant access immediately. - Demand a Penalty (
Dwangsom): The court will typically attach a large daily penalty (dwangsom) to the order—often thousands of euros per day—payable by the landlord for every day they fail to comply. This creates an immense financial incentive for the landlord to restore access without delay.
The law is exceptionally clear on this point, and judges do not look kindly on landlords who resort to eigenrichting.
