The house on Petmolenstraat in Almeerse Molenbuurt can no longer be fully used for renting rooms. The court decided so. Local residents have complained in the past about noise around the building.
It is not permitted to use the house without the main occupant only to rent a room at the address in question. The municipality confronted the homeowners – and the real estate company that allegedly arranged the rent – over the violation in the summer of 2022 and threatened a €10,000 fine in October of that year. This will be imposed if the rent is not stopped within three months.
Violations during two examinations
The municipality decided on two different occasions to rent out rooms in the house. The first inspection was in January 2022, and municipal supervisors saw that there were four bedrooms in the house, each used by one person. These were employees of a temporary employment agency.
Residents were not present during the inspection. But there were personal items on the floor, on the nightstand, and on the bed. One of the homeowners was also present. He said he did not know that renting rooms was not allowed in the area.
A second inspection was carried out in September 2022, after local residents reported that more people were now staying at the home. Supervisors then found three residents with dual Polish and Romanian citizenship. These residents said that there were two other people sleeping in another part of the house. This was sufficient reason for the municipality to assume that room rental had not yet stopped.
“The supervisors didn’t actually see the residents.”
The owners and the real estate company have been engaged in a legal battle with the municipality for some time. They first applied for a room rental permit, but the application was rejected. Then the municipality began monitoring and implementing.
During the hearing on this matter, the owners and the real estate company tried to argue their case in different ways. For example, they stated that there is a legally permissible construction. Moreover, the real culprits will not be the property owners, but rather the room renters. They also stated that room rental falls under the “residential” category just like family occupancy. Therefore, the rent will not conflict with the zoning plan.
They also found out that occupancy had not been proven, because the supervisors did not find the residents the first time. The second time, they didn’t actually see the two sleeping people. Therefore no violation will actually be proven.
The pictures make the room rental clear
However, according to the court, it is clear from the supervisors’ reports and the photos taken that the room was rented. The residents do not form a family together – partly because they are temporarily staying in Almere for work – and do not intend to become one. There is also no question about construction by the owner, because in such a case the main resident rents out the rooms to others.
The main resident is allowed to rent
Temporary workers who rent a room are allowed to stay at home until their temporary lease expires. After that, the main resident of the house may rent a maximum of two rooms. Hence there must clearly be a major concern.