Tenant Duty of Care for Damage in Delft
As a tenant in Delft, you are obliged to report damage to your home promptly and to prevent it from spreading further. This duty of care is laid down in law and helps prevent conflicts with your landlord. If you fail to comply, you may be held liable for repair costs. Read here everything about your obligations in Delft and what to do in case of damage.
What does the tenant's duty of care in Delft entail?
The duty of care means that as a tenant in Delft, you must do everything to prevent or limit damage to the home. This applies to damage caused by yourself, but also by external causes such as water damage or fire. This obligation arises from the lease agreement and the principles of reasonableness and fairness in the Civil Code (BW).
Legal Basis in Delft
The duty of care follows from the Civil Code (BW) and the Housing Lease Act. Relevant articles:
- Article 7:200 BW: Tenant must use the home reasonably and fairly, including preventing damage.
- Article 7:201 BW: Maintain the home in its original state, unless otherwise agreed.
- Article 7:202 BW: Report damage promptly to the landlord.
In Delft, the General Lease Conditions (AHV) often apply in lease agreements, which impose specific requirements in case of damage, such as immediate reporting of leaks. In disputes, you can go to the District Court of The Hague (district The Hague) or the Juridisch Loket Delft for free advice.
Examples of Damage with Duty of Care in Delft
Below are practical examples of damage for which you as a tenant in Delft have a duty of care:
| Type of damage | Example | Action in Delft |
|---|---|---|
| Water leakage | Leaking tap or burst pipe | Shut off water, notify landlord immediately and consult Juridisch Loket Delft if necessary. |
| Fire damage | Small fire in kitchen from candle | Call fire department, inform landlord, leave traces intact for District Court of The Hague. |
| Structural damage | Wall scratches due to moisture in Delft home | Report immediately, no DIY without permission. |
| Mold | Mold due to ventilation problems | Ventilate, inform landlord about causes. |
| Burglary damage | Broken window after burglary | Report to police, notify landlord immediately. |
Rights and Obligations of Tenant in Case of Damage in Delft
Obligations of Tenant
- Immediate reporting: Report damage immediately to the landlord to prevent escalation.
- Limit damage: Take actions such as stopping water supply.
- No repairs: Repair yourself only with landlord's permission.
- Preserve traces: Do not conceal anything to preserve evidence for insurance or court.
Rights of Tenant
- Landlord repair: Landlord repairs damage, unless your fault.
- Landlord costs: If no fault, landlord bears costs.
- Rent reduction: Possible in case of prolonged uninhabitability; seek advice from Juridisch Loket Delft.
- Agency assistance: Free legal advice via Juridisch Loket Delft or proceedings at District Court of The Hague.
Help with Damage in Delft
Do you have questions about duty of care or damage? Contact Juridisch Loket Delft for personal advice. In legal disputes, the District Court of The Hague (district) handles your case.