Tenant Duty of Care in Case of Damage in The Hague
As a tenant in The Hague, you are obliged to report damage to your home in a timely manner and to prevent it from spreading further. This duty of care is laid down in law and helps avoid conflicts with your landlord. If you fail to comply, you may be liable for repair costs. Read here about your obligations and steps in case of damage in the The Hague region.
What Does the Tenant's Duty of Care in Case of Damage Consist Of?
The duty of care means that as a tenant in The Hague, you must do everything to prevent or minimize damage to the rental property. This applies to damage caused by yourself, but also by external causes such as leakage or fire. It follows from the lease agreement and principles of reasonableness and fairness in the Dutch Civil Code (DCC).
Legal Basis in The Hague
The duty of care for tenants in The Hague derives from general rules in the Dutch Civil Code (DCC) and the Housing Lease Act. Relevant articles:
- Article 7:200 DCC: Use the property in a reasonable and fair manner, including preventing damage.
- Article 7:201 DCC: Maintain the property in its original state, unless otherwise agreed.
- Article 7:202 DCC: Report damage to the landlord without delay.
Often, the General Lease Conditions (GLC) also apply in your contract. In case of damage in The Hague, such as leaks, you must report it immediately. For legal advice: Legal Aid Office The Hague, Lutherse Burgwal 10.
Practical Examples of Damage Involving Duty of Care in The Hague
In The Hague, you see this duty of care in various types of damage. Some examples:
| Type of Damage | Example | Action in The Hague |
|---|---|---|
| Water Leakage | Leaking tap or burst pipe | Report immediately to landlord, shut off water and call emergency services if necessary. |
| Fire Damage | Small fire in kitchen from candle | Fire brigade (112), call landlord, leave traces intact. |
| Structural Damage | Wall scratches due to moisture in old Hague property | Inform landlord, do not carry out work yourself without permission. |
| Mould | Mould due to ventilation problems | Ventilate well, report causes to landlord. |
| Burglary Damage | Broken window in Schilderswijk | Police (0900-8844), inform landlord immediately. |
Rights and Obligations of Tenant in Case of Damage The Hague
Obligations of Tenant
- Report Immediately: Report damage to landlord right away to stop escalation.
- Contain Damage: Take measures such as shutting off water in case of leakage.
- No DIY: Repairs only with permission, otherwise risk of costs.
- Preserve Traces: Do not conceal damage, this may have legal consequences.
Rights of Tenant
- Repair by Landlord: Landlord repairs damage, except if caused by you.
- Costs with Landlord: Non-fault damage is for the landlord.
- Possible Rent Reduction: In case of prolonged uninhabitability, you can demand rent reduction.
- Seek Help: In disputes, go to District Court The Hague, Prins Clauslaan 60, or Legal Aid Office.
Specific to The Hague: Where to Go in Case of Problems?
In The Hague, for rental disputes you can go to the District Court The Hague (Prins Clauslaan 60) for judgments on duty of care and damage. Always start at the Legal Aid Office The Hague (Lutherse Burgwal 10) for free advice. They help with reports and procedures.