Legal Assistance with Rental Problems - Legal Aid

Questioner

Dear Sir/Madam, I bought a large house 21 years ago. I furnished part of it to use as a senior citizen's home in the future. I furnished another part as an assisted living facility. I have been renting out the part as a senior citizen's home for almost 15 years. I pay all the municipal taxes for this. The alternating tenants are also registered with the municipality. The assisted living facility has only been ready for 1 year and I have also rented this out. This tenant is also registered with the municipality. Now, a few months ago, a municipal enforcer came to my door and I received a letter stating that I have to stop renting out the property as of 1-1-2018 and that the tenants have to leave. Apparently, according to the zoning plan, it is not allowed for me to divide my house and rent it out. The municipality also states that the zoning plan cannot be changed. The municipality has done nothing for 15 years, even though the tenants were registered with them. Last year I converted my interest-only mortgage into a mortgage that is repaid because I do not want to have to sell my house in about 10 years (suppose the interest rate rises explosively). For this mortgage I simply need the rental income. In addition, I also provide for the national need for 'Affordable housing for home seekers'. And now my question. How do I defend myself against this threatening situation?

Lawyer

If all goes well, you will first receive a preliminary announcement. You can submit comments against this preliminary announcement. You will be given a certain period for this. Make good use of this opportunity! After the period for submitting comments, the municipality will make a final decision. You can appeal this decision to the court, but only if you have submitted comments and your grounds for appeal are in principle limited to the comments already submitted. It is possible that the decision, whether or not as a result of your comments, has changed in terms of content. In that case, your grounds for appeal may also relate to this changed content. The arguments you mention are not arguments. Paying a municipal tax does not create rights with regard to the division of the house, nor is the registration of the residents a reason to assume that the division of the house is therefore legal. By the way, it is not necessary to adjust the zoning plan. An environmental permit for planning conflicting use is very well possible. The only question is whether the municipality wants to cooperate. To get that cooperation, you will achieve the most results by getting friendly council members or administrators on your side. If it remains at the official level, the policy in question will simply be implemented and you will lose.

Questioner

Dear Mr. Claus. Thank you very much for your information. So I am being forced by politics to start lobbying. Something I detest, but will have to do in order not to have to go to the welfare desk later. Trying to manipulate the arbitrariness of the higher municipal officials to my advantage. (A polite way of putting it: 'Get a brown arm, or just flat-out 'Ass crawling.') Right? And then everyone nowadays shouts that was in the past. But no, even today there is plenty of lobbying. Or should we call it 'creative politics'. To keep it polite. Your wording, 'Get friendly council members or administrators on my side', is I think the most polite way of putting the intended result. Sorry for my negative writing but because of my experience with local politics since 1982 it does me good to put it this way here. Right is not always Right, and to get your human Right you often have to 'walk politically forced paths that you yourself detest'. Once again many thanks for your information. I will do my best.