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If drugs are found in your rented property, the mayor can close the property pursuant to the Opium Act (Article 13b). As a landlord, you can limit this by taking preventative measures and demonstrating that you are not at fault.
The mayor's power to close
Pursuant to Article 13b of the Opium Act, the mayor can close a property by means of an administrative enforcement order if drugs are found there. The property is sealed, and you are temporarily unable to rent it out. Municipalities have their own policies regarding this (often a Damocles policy), so the exact conditions vary by municipality.
Necessity and proportionality
The mayor must be able to substantiate the closure: it must be necessary and proportionate. Factors such as the quantity of drugs, the nature of the premises, and the consequences for those involved play a role. A disproportionate closure can be challenged before the administrative court.
What can you do as a landlord?
You limit your risk by screening your tenants, including a ban on drug-related activities in the lease agreement, conducting regular (announced) surveillance, and taking immediate action upon receiving signals. If you can demonstrate that you have acted with due care, you will be in a stronger position against closure and when recovering damages from the tenant.
After a closure: cancellation and recovery
A closure may constitute grounds to dissolve or terminate the lease agreement and recover damages from the tenant. Stipulate the options for this in your lease contract so that you can act quickly and confidently after an incident.
Frequently Asked Questions
Can my premises be closed while I knew nothing about it?
Yes, the jurisdiction is linked to what happens in the property, not to your fault. However, whether you are at fault weighs in on the proportionality and on recovery from the tenant.
Can I contest a closure?
Yes, you can lodge an objection and appeal to the administrative court, for example if the closure is disproportionate or insufficiently substantiated.
Can I recover the damages from my tenant?
Often so, especially if your lease agreement includes a prohibition and a damage clause. A solid contractual basis is crucial in this regard.
Make your rental contract drug-proof?
Our legal experts incorporate the correct clauses into your lease agreement and advise on a (threatened) closure. View our tenancy lawteam or schedule a free consultation.
