When mediation is mandatory in rental disputes in Delft
Discover when mediation is mandatory for rent increases or evictions in Delft. Prevents court cases, regulated in Book 7 of the Dutch Civil Code and rental laws, with local tips.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Delft, mediation is not always mandatory in rental law, but it is in certain situations, especially given the pressure on the local rental market with many student accommodations and monumental buildings. For rent increases exceeding the standard, the landlord must first offer mediation or a procedure with the Rent Committee (art. 7:247 DCC). This is crucial in Delft, where tenants often face increases due to rising maintenance costs for historical buildings. Also in disputes over service charges, such as high parking costs in the city centre or indexation, an attempt at amicable settlement is required before the court. In eviction proceedings due to non-payment, frequent with temporary contracts for TU Delft students, a hearing and improvement obligation applies which may include mediation. The Quality of Rental Disputes Act enables courts to impose mediation, which regularly occurs in the District Court of The Hague (Delft district). Benefits: it relieves the overburdened court and promotes consultation between Delft tenants and landlords. Non-compliance risks dismissal of the claim. Examples: a tenant in Nieuwe Langendijk complains about leaks in an old building, or a landlord in the Buitenhof neighbourhood about nuisance from parties – mediation is often the first step. Choose a mediator from the register of the Netherlands Mediation Institute, preferably with knowledge of the Delft rental market. In case of failure, a proces-verbal serves as evidence. Delft tenants can get free help via the Legal Counter in the city or the tenants' association Huurteam Delft. In summary: the obligation depends on the type of dispute, but in Delft it pays off extra due to fast, local solutions.