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Real Estate · Case Study

Criminal Activity in Rental Property

The landlord · Tilburg

The Situation

Henk is not a professional real estate investor. He has one extra property — his late mother’s house, which he kept as supplementary income for retirement. He has been renting it for four years without problems.

Our Approach

Passivity in the face of signals is not a legally neutral position. Those who demonstrably inquired and acted professionally are in a stronger position if things go wrong.

The Result

An administrative closure of three months can cost the owner more than €100,000, including lost rent and potential enforcement costs.

Henk is not a professional real estate investor. He has one extra property — his late mother’s house, which he kept as supplementary income for retirement. He has been renting it for four years without problems.

Until his new tenant. A man in his forties who presented himself as friendly and quiet. Two months’ rent paid in advance, no complaints. But after three months the neighbourhood started reacting. First a text from the next-door neighbour: “Do you know who comes and goes at your house?” Then a letter from the municipality about a neighbourhood report filed under the Bibob policy.

Henk searches online that evening. He reads about the Damocles Act. About how municipalities can close properties if criminal activities have taken place — even if the owner knew nothing about it. He reads that “not knowing” is no longer a defence if you had indications as an owner and failed to act on them. The neighbourhood report is an indication.

He wants to go to the police. But what exactly does he report? That the neighbours find it suspicious? That a few more people visit than before? He has nothing concrete. And he does not want to wrongly accuse his tenant if nothing is going on.

Eventually he decides to engage an investigation firm. He wants to know what is happening in his property — factually, documented, without assumptions. If there is nothing, he sleeps soundly again. If there is something, he has a case file and can act before the municipality does it for him.

What makes the difference

Passivity in the face of signals is not a legally neutral position. Those who demonstrably inquired and acted professionally are in a stronger position if things go wrong.

Financial context

An administrative closure of three months can cost the owner more than \u20AC100,000, including lost rent and potential enforcement costs.

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