Problem with housing association.

Questioner

I have lived in an apartment on the 4th floor for 40 years. Before that I lived in a smaller apartment, but because of my library and vinyl collection I got this larger apartment with the help of the predecessor of the housing association, to be able to store everything. In July last year I was visited by an employee of the housing association, who thought that all the books on the floor and also in boxes had to be removed. I understood that and was already working on it then. But on July 17th the renovation of the apartment started, which made it almost impossible to remove. Now she was back last Thursday, January 4th, with an employee of the GGD. She had also been there once before. The mood was good all those times, I cooperated a lot, because about 100 boxes have already been packed and taken to the flea market, but last Thursday the mood changed and out of nowhere she threatened to have the entire apartment evicted, possibly decided by the court, and even worse, to terminate the lease. I have been very ill in recent years. First eleven inguinal hernia operations, and when I could walk again I got prostate cancer with metastasis, and six months later pneumonia and a heart attack, in which I lost a heart valve. When I was discharged from the hospital last March, after a 21-week stay in 2022 and 7 weeks in 2023, they gave me six months to live. Heart surgery is not possible because of my cancer. I didn't let it come to that with the books. With the little strength and energy I had, I did what I could. Saying goodbye to my books is very painful, but if I had died the night of my heart attack (lying in isolation in paralysis for three hours), my books would also have ended up on a market somewhere. They are not dusty old books, but books that I have acquired in 40 years as an employee. What are my rights and obligations in this regard? I am approaching retirement, 66 and 5 months old and was planning to sell the books per author in my retirement. Now I am forced to bring them en masse to the thrift store for free. Are they allowed to make this an urgent requirement?

Lawyer

It is an unfortunate situation you are in and I understand how valuable your collection is to you. While I cannot give you specific advice without full information, I can give you some general information. A housing association has a number of grounds on which they can terminate a lease. One of these is that the tenant is not behaving as a good tenant, as described in article 7:213 of the Civil Code. It is possible that the housing association can claim that your apartment is so full that it poses a risk for safety or health problems, and that this could be seen as the behavior of a 'bad' tenant. However, the housing association cannot just terminate the lease, but must inform you of this and then, if you do not agree with the termination, file a claim for termination of the lease with the court. The court will weigh the circumstances, such as the rental behavior, but also your personal circumstances, such as health and how long you have lived in the apartment. To find a solution, you may want to consider getting appropriate help to clear the books, or giving the housing association a reasonable period of time in which you promise to gradually remove the books. Communication with the housing association can be crucial here. If you explain your situation, they may be willing to give you more time or consider other solutions, such as temporary storage. You may also want to consider seeking legal advice, such as from a lawyer or legal advisor, so that you can discuss the situation specifically and thoroughly. It may also be helpful to have assistance with any communication or negotiations with the housing association. Please note: this is general information and is not legal advice for your specific situation. It is recommended that you consult a professional legal advisor to determine the best course of action for your situation. ------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.