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Tenant's Duty of Care in Case of Damage in Westland

As a tenant in Westland: report damage immediately and prevent escalation. Are you familiar with your duty of care under the Civil Code and lease agreement? Examples, obligations, and rights.

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Tenant's Duty of Care in Case of Damage

As a tenant in Westland, 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 the 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 Westland 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 Westland, you must do everything to avoid damage to the home or keep it to a minimum. This applies to damage caused by yourself, but also by issues such as leaks or fire. It stems from the lease agreement and the principles of reasonableness and fairness in the Civil Code (BW).

Legal Basis

The duty of care follows from general rules in the Civil Code (BW) and the Housing Lease Act. Relevant articles:

  • Article 7:200 BW: Use the home reasonably and fairly, thus prevent damage.
  • Article 7:201 BW: Maintain the home in good condition, unless otherwise agreed.
  • Article 7:202 BW: Report damage promptly to the landlord.

Often, the General Lease Conditions (AHV) also apply in your contract. These require immediate reporting of problems such as leaks. For disputes in Westland, you can go to the District Court of The Hague (district) or the Westland Legal Advice Centre for free advice.

Practical Examples of Damage Involving Duty of Care

In Westland, you often see these types of damage. Examples below:

Type of Damage Example Action in Westland
Water Leakage Leaking tap or burst pipe Report immediately to landlord, shut off water to stop escalation.
Fire Damage Small fire in kitchen from candle Call fire brigade, inform landlord, leave everything intact.
Structural Damage Wall cracks due to groundwater Report promptly, do not carry out work yourself without permission.
Mould Mould due to lack of ventilation Ventilate better and report causes to landlord.
Burglary Damage Broken door or window Call police, notify landlord immediately.

Rights and Obligations in Case of Damage in Westland

Tenant's Obligations

  • Report Promptly: Immediately notify landlord of damage to prevent worse and avoid costs.
  • Contain Damage: Take measures such as stopping water supply or temporary covering.
  • No DIY: Do not repair without approval, otherwise you risk penalties.
  • Preserve Evidence: Do not hide anything, as that can cause legal problems.

Tenant's Rights

  • Repair by Landlord: Landlord fixes damage, unless you are at fault.
  • No Costs for You: If innocent, landlord pays everything.
  • Possible Rent Reduction: In case of prolonged uninhabitability, you can demand rent reduction via District Court of The Hague.
  • Seek Help: Contact Westland Legal Advice Centre for guidance.

For specific advice in Westland: visit the Westland Legal Advice Centre or check the website of the District Court of The Hague.