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Emergency: Access Obligation

In emergencies in Delft, the landlord may enter your home without permission. Laws, examples, and rights for tenants.

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Emergency: Landlord Access Obligation in Delft

In Delft, a landlord has the right to immediate access to your rental property under strict conditions in an emergency, even without your permission. Examples include water leakage, gas leak, or acute fire risk. The law protects both property and safety in this way. As a tenant in Delft, you can expect minimal preparation time and compensation for unjustified or poorly organized access.

When is there an emergency in Delft?

An emergency requires immediate action to:

  • Avoid health hazards (such as gas leaks, severe mold growth, or spoiled food in the refrigerator)
  • Limit damage to property (e.g., leaking roof or impending flooding)
  • Eliminate fire risks (defective wiring or short circuit)
  • Guarantee the safety of yourself, neighbors, or others (e.g., subsiding foundation in older Delft properties)

The law does not provide a complete list, but the threat must be acute and unavoidable. An inspection for rent arrears does not qualify as an emergency.

Legal basis for Delft

The core rules for emergency access are set out in:

  • Article 7:231 DCC: Balance between landlord and tenant rights regarding property access.
  • Article 7:232 DCC: Access only at reasonable times with notice, except in urgent emergencies.
  • Article 7:233 DCC: Landlord must inform you afterwards, if feasible.

In addition, reasonableness and fairness (art. 6:2 DCC) apply. In Delft rental cases, the District Court of The Hague (district) often rules on this. Consult the Juridisch Loket Delft for free advice.

Practical examples in Delft

Overview of emergencies versus non-emergency access:

Emergency (access yes) No emergency (access no)
  • Gas leak with explosion risk
  • Water infiltration damaging walls (common with historic Delft roofs)
  • Overheated electricity due to old cables
  • Mold growth with health risk
  • Unstable beams or stairs
  • Rent check
  • Routine inspection
  • Non-urgent washing machine repair
  • Arrangement of new inventory
  • Inspection of chronic, non-acute damage

Rights and obligations in Delft

Landlord rights

  • Immediate access: Without permission in emergencies, possibly with emergency services.
  • Repair obligation: Quick interventions to prevent further damage.
  • Inform: Explanation afterwards about the action.

Landlord obligations

  • No unnecessary nuisance: Respect privacy and minimize disruption.
  • Limit disturbance: Avoid unreasonable times, such as at night.
  • Compensation: In case of errors, you can claim damages via District Court of The Hague.

Tenant rights

  • Notice: Where possible in advance, otherwise afterwards.
  • Cost overview: Estimate for repairs.
  • Claim possibility: Against unlawful access; contact Juridisch Loket Delft.