When is a loan agreement considered a rental agreement?

Questioner

At the moment I have been living in the same house for 3 years on the basis of a loan agreement. However, I pay 170 euros loan fee and my gas, water and electricity. I also pay the WOZ tax and municipal taxes myself, plus I am expected to pay for and carry out the maintenance of my property myself, such as making my bath, kitchen, replacing the gas pipe, repairing leaks and maintaining both the front and back garden. I do this properly, but yesterday we had an asbestos inspection and the inspector stated that the property is in a very bad state and that it is actually not habitable. I will have to leave my home, but the agency through which I rent is really terribly lax and does not help. I am rejected everywhere and am on the verge of becoming homeless. I am 25 years old, work 40 hours a week and also do volunteer work in the evenings and weekends. My neighbour has now successfully filed a case and is entitled to rent protection and is being offered alternative housing on the basis of social housing. I am asking myself what my rights are, where I stand, how I can tackle this and if there is any hope for my case. It is urgent and the stress is taking a huge toll on both my mind and body. Thank you for your effort and your time, and have a nice day. Kind regards, Gina

Lawyer

If you have to provide a (demonstrable) consideration for the rental enjoyment, there is a chance that the judge will indeed regard the legal relationship as rental. And then you enjoy rental protection, which means that the agreement cannot simply be terminated without the court.