Rental law and permits | Rechtswinkel.nl

Questioner

In 2005 I bought a house in Eindhoven. In order to pay the mortgage I immediately rented out the top floor. In those years there have been several tenants who rented the non-independent living space on the 2nd floor via kamernet. In April 2014 I started living together and in the meantime I had come into contact with a rental agent who was looking for independent living spaces for Expats. After contacting this rental agent I turned all three floors into independent living spaces. These have been rented out by this agent since then. On March 22, I received a letter from the Municipality of Eindhoven in which it is made clear to me that I need a splitting permit and that this will not be granted. I have been given 16 weeks to restore the house to its original state, as 1 independent living space. Some questions I have: 1. Are the 3 rental contracts for 'independent living space' still valid after the municipality has indicated that I do not have a permit for this? 2. As a landlord, am I responsible for relocating these tenants to a comparable living space with the same price range? (for the 2nd floor this is Euro 311 for the basic rent) 3. Do I have to pay the tenants a moving allowance of approximately 6,000 euros?

Lawyer

1 yes the agreements are valid and enforceable 2/3 you are in breach of contract towards the tenant and that makes you liable for damages: not under the normal circumstances as stated in the tenancy law, where moving costs etc. are regulated, but in principle for all damage that occurs due to a defect in the rented property as a result of which the tenant can no longer live there. You are free to negotiate with tenants about the compensation of damages.