Emergency Access to Rental Property in The Hague: Your Rights and Obligations
In The Hague, a landlord may enter the rental property without your permission in acute emergency situations, but only under strict conditions. Examples include severe leaks, gas leaks or fire risks. Under the law (Civil Code), the landlord may intervene to prevent greater damage, provided it is proportionate and necessary. In the The Hague region, the same national rules apply, but locally you can go to District Court of The Hague, Prins Clauslaan 60 for disputes or to the Juridisch Loket The Hague, Lutherse Burgwal 10 for free advice. This article explains what constitutes an emergency, the rules and your options as a tenant.
What Counts as an Emergency in The Hague?
An emergency involves immediate danger to persons, health or the property. Typical cases in The Hague rental properties are:
- A water leak damaging adjacent apartments in old The Hague buildings.
- Gas leaks or short circuits with risk of fire, common in older neighbourhoods.
- Risk of collapse due to subsidence or a mouse/rat infestation with hygiene risks.
- Storm or flooding damage, for example after heavy rain in low-lying parts of The Hague.
Art. 7:233 Civil Code (BW) gives the landlord the right of access without permission. This differs from standard rules for inspections; see our article on allowing the landlord into the property. In The Hague, the District Court of The Hague (Prins Clauslaan 60) handles any related court cases.
Legal Basis for The Hague
Key laws:
- Art. 7:233 BW: Access in emergencies to limit damage.
- Art. 7:234 BW: Landlord must inform you promptly, unless you are unreachable.
- Art. 7:235 BW: Only minimal, necessary access permitted.
The General Tenancy Conditions (AHV) add requirements, such as timely notification. For questions: Juridisch Loket The Hague (Lutherse Burgwal 10).
Practical Examples from The Hague
Recognisable situations:
| Situation | Emergency? | Landlord's Actions |
|---|---|---|
| Severe leak from bathroom, damage to apartment below in The Hague flat. | Yes, in case of acute danger. | Immediate entry and repair. |
| Faulty central heating boiler in early winter, risk of freezing in draughty property. | Yes, in case of health risk. | Repair or temporary solution. |
| Rat invasion from crawl space, risk of diseases. | Yes, immediate danger. | Extermination and inspection. |
| Leaking tap without immediate danger. | No. | First obtain permission or make an appointment. |
Your Rights and Obligations as a Tenant in The Hague
Rights
- Landlord's Duty to Inform: Immediate notification of access (art. 7:234 BW).
- Proportionality: Only what is strictly necessary, no abuse.
- Compensation for Damage: Claim for unnecessary damage via District Court of The Hague (Prins Clauslaan 60).
Obligations
- Duty to Report: Report known emergencies immediately.
- Cooperation: Be reachable or provide alternative times.
- Grant Access: Cooperate in proven necessity.
What to Do in Case of Problems in The Hague?
Contact Juridisch Loket The Hague (Lutherse Burgwal 10) for free help. In case of escalation: proceedings at District Court of The Hague, Prins Clauslaan 60. Keep evidence such as photos and correspondence.