Gebruiksvergoeding

The use fee is a sum payable to the owner or other rights holder in respect of the actual use of movable or immovable property. Unlike rent, which arises under contract, a use fee may also be due in cases of unauthorised use, for instance where a tenant remains in occupation after the lease has ended.

This fee is of particular relevance in the law of obligations and property law, as it safeguards the owner’s interests against unjust enrichment. Its amount is commonly assessed by reference to market value, lost income or such other reasonable sum as may be appropriate for the use in question.

In practice, a use fee is frequently fixed by the court or agreed in a settlement agreement, with the payment obligation continuing for so long as the use persists.