Tenant not leaving?

Questioner

In 2019, as a single mother, I was fortunately able to find a house. To earn some extra money, I converted the ground floor into an apartment (this used to be a garage, utility room and extra room). It is now a fully-fledged living space with 1 bedroom, kitchen, bathroom, toilet, etc. I properly declare the extra income to the tax authorities. However, I went into it a bit naively, thinking I was doing everything properly according to the rules by declaring the income, but I found out that I should have had a division permit. I now want to start that process, but until then I don't want a tenant in it. The lease expired, I terminated it then, but the tenant just stays there because he can't find anything else, he says. If I evict him, for example by putting all his stuff outside, he will go to the municipality to say that I have been renting out illegally for years. I don't want that either, of course. I want to do it right and still try to arrange the permit, but in order not to take any risks, I want the house to be empty for the duration of the application. In addition, I also expect to have to adjust a few things in the house before it can be rented according to all laws and standards. What to do? How can I make sure that he leaves anyway and that I don't still get into trouble with the municipality?

Lawyer

Dear Madam, That is indeed a difficult situation. It is important that you solve it properly. A landlord cannot evict a tenant himself. For that, a procedure must be started in which the judge is asked to evict the tenant. Then you run the risk that the tenant will inform the municipality of the subletting. However, you can also negotiate with the tenant about a possible departure. Homeowners, housing and room brokerage agencies and residents are required to comply with a number of statutory regulations, such as the Housing Act, the Housing Regulation and the Regulation on Housing and Room Brokerage Agencies. The municipality checks whether everyone complies with these rules. If the rules are not complied with, the municipality can impose a penalty payment order. The penalty payment is forfeited if the violation is not undone. If you would like me to list your options, please let me know via pjdejong@solutionsadvocaten.nl We will then look together at which option is best for you.