VvE denies use of apartment: threats and misconduct

The VvE of a seniors' apartment in the northeastern part of the country, has denied one of its residents the right to use it. The man is tenant of an apartment, but because of the VvE's denial order, he has to leave that. This in connection with misconduct and even threats. The Assen District Court had previously ruled that the measure imposed by the VvE was justified. Now also the Court of Appeal of Arnhem-Leeuwarden (ECLI:NL:GHARL:2025:6388) determined that the man must vacate the apartment. Attorney Robert van Ewijk specializes in VvE and apartment law and explains when the VvE can deny the right to use an apartment.

Regulations: VvE may deny right of use in case of misconduct

The VvE regulations state that under circumstances it can be decided to deny the right to use the apartment. This can be done in case of violation of the regulations or in case of improper behavior towards the other owners or occupants. The meeting of the VvE must first issue a warning. If the violation is then repeated within one year, the VvE may decide to deny the use of the apartment.

Threat by resident apartment: “The knife was about fifteen centimeters in size.”

The atmosphere in the senior apartment at issue in this case is not good. The man in question is repeatedly guilty of misconduct. In July 2024, there is an incident in which he threatens a fellow resident with a knife. That resident declares to the police:

“I saw that [appellant] came out with a knife in his right hand. The knife was about fifteen inches tall. It looked like a kitchen knife with a black handle and a white blade, I saw that he was walking towards me and he was shouting all kinds of things, (...) The distance between me and the knife was less than ten centimeters. He moved the knife straight up so that it came out right in front of me. He put the knife down again and later up again. He did this about two or three times with an extended right arm.”

After this incident, the man yelled at his 84-year-old fellow resident: “I'll get you yet.”.

VvE denies use after repeated improper behavior

For the VvE, this is the straw. This is not the first time such a threatening situation has occurred. Other members of the VvE report “major problems” with the man and “a very threatening situation”. The man is also alleged to be guilty of libel and slander and to have killed a fellow resident “made out to be a whore”. Moreover, the man had been warned earlier. Therefore, in September 2024, the VvE decided to deny the man access to the apartment.

District court and court of appeals uphold VvE's decision to deny use

The man disagrees and requests annulment of the decision of the CoE. Both the Subdistrict Court and the Court of Appeal, however, upheld the VvE's decision. Not only did the Court of Appeal find that the man's conduct gave rise to the decision, but moreover, all formalities had been complied with. To this end, the Court of Appeal examined, among other things, whether:

1. a warning was given before the decision was made;
2. Whether the man was properly summoned to the meeting, and;
3. Whether a sufficient quorum was present and whether the decision was made by the appropriate majority.

Behavior at hearing underscores position of VvE

Also in play before the Court of Appeals was the fact that the man had stated at the hearing that he was not going to remove a nail bar that he had mounted on the balcony partition with his neighbors. He had also said at the hearing that he would not remove the cameras on the gallery that were aimed at his neighbor's balcony would be left hanging. About the incident with the knife, the man stated that he was “delirious” was, but that he had not wielded a knife. When asked what it would have been then, he noted that it was “maybe a spoon” was.

The Court of Appeals does not find that so credible.

Association may take sanctions for nuisance

The fact that the man has a rental agreement does not affect the power of the VvE to act against nuisances. One of the most far-reaching measures, is to deny the use of an apartment. Although it is not often that a VvE uses this power, such a decision - if properly prepared - is often upheld by the courts. Some examples in which the VvE successfully decided to deny the use of an apartment:

• a VvE in Alkmaar that decided in 2014 to deny a resident the use of his apartment For serious nuisance, threat and violence (see ECLI:NL:RBNHO:2014:3118);
• A tenant of an apartment in Almelo had to leave his apartment because he was guilty of systematic and serious nuisance for years. For example, he stuffed sandwich sausage in mailboxes and stood masturbating regularly in front of the window. Therefore, in 2018, the Almelo District Court upheld a decision denying the use of the apartment.

What if denial of use rights goes too far?

If there is misconduct, but denial of use is just going too far, there are several other measures the VvE can take against misconduct. A few examples:

• The VvE can impose fines for violating regulations;
• In addition, the VvE can claim that a VvE member is prohibited by court order from committing libel and slander. On that subject, see this article about a VvE member that made the board out to be NSB members (see: ECLI:NL:RBDHA:2024:20291). See also this case described on Nederlandvve.nl that is very similar to that.
• In another case, the VvE through court to obtain restraining order imposed on one of the members for constantly stalking the VvE administrator with all kinds of (silly) requests (cf: ECLI:NL:RBAMS:2017:2897).

Lexys Lawyers knows how to combat misconduct in the VvE

Lexys Lawyers specializes in VvE law. We know how to successfully address misconduct in a VvE. Our lawyers can tell you exactly what sanctions are available and which sanction fits the specific case. We also know what steps are necessary so that the decision imposing the sanction is legally valid. This prevents the sanction decision from being later overturned or annulled. In addition, we are known for being creative and thinking in solutions. For example, if a sanction cannot be imposed directly by the VvE, a solution can be sometimes also in rental law found.