Living without a contract: what if someone has been living in your home for years?

It happens more often than you think: a family member, (ex-)partner, friend, or acquaintance has been living in your home for years, without a written lease agreement and sometimes even without paying any rent. This may be a temporary situation, "until he or she finds something else," but time passes and the situation becomes increasingly difficult. Can you still get the occupant out of your home? Is there any legal basis for them to stay in the home? Is it a rental, a loan for use, or no right at all? And above all: what can an owner do to get the home back? 

Rent, use, or nothing at all? 

The legal classification of the situation is crucial. In principle, there are three possibilities:  

1. Lease agreement 

According to the Civil Code (‘BW’), a lease exists when one party grants use of an item and the other party commits to providing consideration, usually in the form of rent in cash. This consideration is essential. If rent is paid on a structural basis, there is a good chance that a lease exists, even if this has not been laid down in writing. As a result, rent protection may apply, which means that termination is not possible without further ado. 

2. Loan/usage agreement 

When someone is allowed to use a property without paying for it, this is often referred to as a loan for use. Examples include a parent allowing a child to live in an apartment, or an owner making a property available 'for free'. Loans for use are regulated in Article 7A:1759 of the Dutch Civil Code.  

In principle, in the case of a loan, the owner remains the rightful owner and may request the return of the item. However, here too, long-term use, expectations raised, and dependency may play a role in the court's assessment. 

3. No title or right 

Sometimes there is no longer any question of consent. For example, when someone has remained in the property after agreements have expired, or when the owner has never (explicitly) approved the situation. In that case, it is referred to as use without right or title. This does not mean that you can evict the occupant yourself, but it does mean that you can, in principle, claim eviction through the courts.  

Can the owner simply take back the property? 

The short answer: no. Even if someone is not paying rent and does not have a contract, a landlord cannot simply replace the locks, put belongings outside, or block access to the property in any other way.  

The right route 

Anyone who wants to get their home back would be wise to proceed in a structured manner. First of all, it is important to have the situation assessed from a legal perspective: is it a case of rent, loan for use, or use without right or title? That classification determines which rules apply. 

The occupant must then be summoned in writing to vacate the property within a reasonable period of time. This formally terminates the use of the property and establishes that the owner demands its return. 

If the occupant fails to comply, in most cases the only option is legal proceedings to demand eviction from the property. Eviction can only be legally enforced through the courts. 

Termination and eviction 

In the case of a loan or use without title, the owner can, in principle, terminate the use. This is usually done by means of a written notice of termination with a reasonable period of time to leave. What is "reasonable" depends on the circumstances, but in the case of long-term occupancy, this will quickly amount to several months. If the occupant does not leave the property voluntarily, the only option is often to initiate eviction proceedings in court. If the claim is upheld, the court can then order the eviction, possibly subject to a penalty or with the assistance of law enforcement. 

Practical advice 

It is essential to record agreements, even when it concerns family or friends. It is precisely in informal relationships that misunderstandings often arise afterwards about what has and has not been agreed. In addition, make sure you are clear about your expectations and boundaries in good time. If you allow a situation to continue for years, you run the risk that the other person will successfully invoke expectations that have been raised. Furthermore, do not act impulsively; locking the home or removing the resident's belongings yourself can have legal consequences and often backfires in practice. Make sure you collect as much evidence as possible, such as messages, proof of payment, and statements. These can be decisive if it comes to legal proceedings. Finally, it is wise to seek legal advice at an early stage. The correct qualification of the legal relationship largely determines what steps are possible and prevents costly mistakes.  

Conclusion 

A person who has been living in your home for a long time without paying rent does not automatically have rent protection. However, this does not mean that you can simply proceed with eviction. The question of whether it is a case of rent, loan for use, or use without right largely determines your position. The circumstances of the case are decisive in this regard. Anyone who makes a home available to another person would therefore be wise to make clear agreements from the outset. This prevents temporary hospitality from ending in a long-term legal conflict.