Emergency: Access Obligation for Landlord in The Hague
In an emergency, a landlord in The Hague may enter your rental property directly under strict conditions, even without your consent. Examples include leaking water pipes, gas leaks, or acute fire risks. The law protects both safety and property. As a tenant in The Hague, you can expect minimal preparation time and possible compensation for unjustified or negligent access.
When is there an emergency in The Hague?
An emergency requires immediate action to:
- Avoid health hazards (such as gas leaks, severe mold growth, or spoiled food in the refrigerator)
- Stop damage to property (e.g., severe water damage or imminent flooding)
- Eliminate fire risks (defective electrical wiring or flammable accumulations)
- Guarantee the safety of yourself, neighbors, or others (e.g., subsiding foundation)
The law does not provide a complete list, but the threat must be acute and unavoidable. A landlord in The Hague may not just enter for a rental inspection.
Legal basis in The Hague
The core rules for emergency access are set out in:
- Article 7:231 DCC: Governs access to rental properties for landlords and tenants.
- Article 7:232 DCC: Restricts access to suitable times with notice, except in emergencies.
- Article 7:233 DCC: Landlord must inform you afterwards about the access.
In addition, reasonableness and fairness apply (art. 6:2 DCC). In disputes, you can go to the District Court of The Hague, Prins Clauslaan 60 or the Legal Aid Office The Hague, Lutherse Burgwal 10.
Practical examples in The Hague
Overview of situations:
| Emergency (access permitted) | No emergency (access not obligatory) |
|---|---|
|
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Rights and obligations in The Hague
Rights of landlord
- Immediate access: Without consent in case of urgency, possibly with emergency services.
- Obligation to repair: Must remove the danger immediately.
- Inform: Explanation afterwards about the intervention.
Obligations of landlord
- No unnecessary nuisance: Respect privacy and minimize damage.
- Limit disruption: Avoid unnecessary disturbance (not in the middle of the night).
- Compensation: In case of errors, you can claim via District Court of The Hague.
Rights of tenant
- Notice: Where possible in advance, otherwise afterwards.
- Cost overview: Transparency in repairs.
- Damage claim: In case of unlawful access. Contact Legal Aid Office The Hague for free advice.