Help with Privacy Breach: Landlord and Neighbor

Questioner

Since May 1st I rent an apartment, this apartment was built later above the kitchen and bathroom of the neighbors. The landlord lives in Germany and the neighbor is the manager of my apartment and has a house key. Every day I hear the neighbors talking about what I do in the house, recently I also hear them tell things that you can only see and not hear. They sit in the yard under a large parasol and I am on the first floor myself, impossible to look inside. I can give many examples of this, such as cutting myself while shaving or having red eyes. Tried things to see if they reacted to it, such as whispering softly to myself or looking outside through the cracks in the roller shutter, etc., then the neighbours tell the exact story. Here it is clearly noticeable that there are hidden cameras in the house. I can name those examples of every room in the house. When I wake up in the morning I can hear them talking until I go to sleep. How do I approach this? So that I have enough evidence for the police to take action and so that the neighbor does not get the chance to make evidence disappear. What hard evidence do I need to provide? If I remove the cameras myself, the neighbor will know and in the time it takes to report it to the police, the neighbor will have enough time to make all the evidence disappear. I would like to know what order I should follow to properly report the matter to the police and to the court. Thanks in advance for your thoughts!

Lawyer

I advise you to record your story in writing from start to finish and to take pictures of the cameras installed. You can also let third parties (non-family members) see that cameras have been installed. After you have recorded everything in writing and filed a report, you can also take a bailiff with you who can draw up a report of findings (this can also be done earlier) or ask the police to accompany you.

Questioner

Thank you for your response! It is clear to me that photographs need to be taken and that a third party can be present as a witness. What I am concerned with, although I am not a lawyer, is that we are dealing here with Article 139f of the Criminal Code. Then it will also have to be proven that the neighbor has a receiver. If I take pictures of the cameras and a third party shows it as a witness. Then the neighbor will see this too. Then I can file a report, but in that time the neighbor still has enough time to remove his evidence at home. The neighbor (property manager) has a key and the landlord who lives in Germany also has a key. These gentlemen have been friends for over 20 years. That means that if I file a complaint, there will no longer be a good relationship. And then I can move and who will pay me all the costs? Can I get compensation? No idea if the landlord knows about it, I'm just guessing. If the landlord doesn't know about it, the neighbor can still say it wasn't him if he removes all the evidence. How can I prevent my neighbor from making evidence disappear??? Thanks in advance for your thoughts.

Lawyer

which article applies is not relevant. The fact is that there are cameras that were placed there by someone else. The fact is that a criminal act is being committed and it is sufficient to report it to the police. The police will investigate everything else. it cannot be that as a result of a report you have to move. The landlord is in Germany and you can ask for another manager of the property. He does not represent the interests of the landlord.........on the contrary. I can't imagine the landlord is aware of this. Is evidence disappearing? It is not known whether images have been or will be preserved. The fact is that the cameras are there and that there is 'on-line' footage. That is punishable. The police will investigate everything.

Questioner

Thank you for your response! Obviously I will have to provide hard evidence to report to the police so that they can take action, by means of photos and a third party as a witness, that much is clear to me. I am not getting an answer to my question. How can I prevent the neighbor from making evidence disappear??? Because he can see that I discovered the cameras and take pictures of them. If he removes the evidence at home while I am going to report it to the police. How can I prove that the neighbor installed the cameras??? Considering it is a criminal offense, violation of privacy, violation of my living pleasure, spying on me every day and trespassing (otherwise you can't install cameras). I obviously want compensation and prevent the neighbor from getting off lightly. I have a one-year lease, the neighbor as manager also has a say in whoever rents the house here. The neighbor decides who lives in this house, because he has the most contact with the tenant, because he lives here and not the landlord. It is guesswork, but I assume that the landlord will not terminate the contract with the neighbor, because they have been friends for more than 20 years. And after the report there will no longer be a good relationship. Anyone who does something like this should be punished and not get off so easily, I will do everything I can to ensure that. Thanks in advance for your thoughts.

Lawyer

How do you know if there are any recordings that have been saved? If recordings are already stored on a computer or separate hard drive, you cannot prevent them from being deleted by the neighbor/manager. It is then important that the police immediately conduct a house search, confiscate computers, laptops, etc. and search for recordings. When drawing up the report, you can inform the police that you have suffered damage and that you want compensation for this. It may be that you have a contract for a year. This can only be terminated on legal grounds, and this must be done in writing. If there is no legal basis, you can simply continue living there. Legal forms of temporary rental Demolition homes. If a home is demolished or renovated within a few years, the home can legally be rented out temporarily. Remember that you are not entitled to another home once the temporary contract has expired. The landlord must have a 'permit for temporary rental based on the Vacancy Act'. The temporary rental period may be 6 months to a maximum of 2 years. In the event of unforeseen delays in the demolition or renovation plans, this can sometimes be extended to a maximum of 7 years. The permit can also stipulate that the rent must be moderated because the homes are of poorer quality. The way in which demolition homes are offered differs per municipality, per landlord or sometimes even per branch of a corporation. Inquire with your municipality and with the corporations. Intermediate rent. If a tenant or owner/occupier demonstrably temporarily resides elsewhere and then returns to the home, for example when working abroad. In that case, the home can legally be rented out temporarily. This requires permission from the owner (in the case of a rental home) and sometimes also from the municipality. One-time prior rental. When someone has just bought or rented a home to only move in after a while. In that case, the home may be rented out temporarily once until the moment that the person moves in there themselves. In the case of a rental home, permission from the landlord is of course required. Pending sale. Since 1 July 2013, a privately owned home that is for sale may be rented out “temporarily” for a maximum of five years (permit required). In that case, the rent is also free. Since 1 July 2013, these rules have been laid down nationally. Before that date, this was allowed for a maximum of two years and the rules differed per municipality. Campus contracts. Sometimes student rooms are also rented for the duration of the study period. After the end of the study you have to cancel the rent. Office buildings. Since 1 July 2013, vacant office buildings may be rented as residential space for 10 years (permit required). Before that date, this was allowed for a maximum of five years.

Questioner

Thank you for your response!

Lawyer

Don't mention it. I hope the police will take action soon