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Tenant Duty of Care in Case of Damage Rotterdam

As a tenant in Rotterdam: report damage immediately and limit expansion. Duty of care from the Civil Code prevents costs and conflicts. Tips and local help via Court and Legal Aid Office.

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Tenant Duty of Care in Case of Damage in Rotterdam

As a tenant in Rotterdam, 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 held liable for repair costs. Discover your obligations and steps in case of damage in the Rotterdam region.

What Does the Tenant's Duty of Care Entail in Case of Damage?

The duty of care means that as a tenant in Rotterdam, you must do everything to prevent or limit damage to the property. This applies to damage caused by yourself, such as negligence, or by external causes such as storm or leakage. This obligation stems from the lease agreement and the principles of reasonableness and fairness in the Dutch Civil Code (DCC).

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

  • Article 7:200 DCC: Tenant must use the property reasonably and fairly, 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 in a timely manner.

Often, the General Lease Conditions (GLC) also apply in Rotterdam lease agreements, which impose requirements in cases of leaks or other issues. In disputes, you can go to the District Court of Rotterdam, Wilhelminaplein 100-125, or the Legal Aid Office Rotterdam, Westblaak 180.

Practical Examples of Damage Involving Duty of Care

Various types of damage occur in Rotterdam properties. Some examples:

Type of Damage Example Action in Rotterdam
Water Leakage Leaking tap in old building Turn off water, notify landlord and consult Legal Aid Office if necessary.
Fire Damage Small kitchen fire due to short circuit Alert fire brigade, call landlord, leave traces intact.
Structural Damage Wall cracks due to subsidence Report, no DIY without permission.
Mould Due to ventilation in harbour properties Ventilate, inform landlord about causes.
Burglary Damage Broken window in apartment building Report to police, notify landlord immediately.

Rights and Obligations in Case of Damage in Rotterdam

Tenant's Obligations

  • Immediate Reporting: Report damage immediately to prevent escalation and avoid liability.
  • Limiting: Stop further damage, e.g., turn off the tap.
  • No Own Repairs: Wait for landlord approval to avoid problems.
  • Preserve Traces: Do not conceal anything, otherwise risk of legal claims.

Tenant's Rights

  • Repair by Landlord: Landlord repairs, unless your fault.
  • Costs with Landlord: If no fault, landlord bears costs.
  • Rent Reduction: Possible in case of prolonged uninhabitability; check with District Court of Rotterdam or Legal Aid Office.

In case of disputes in Rotterdam: start at the Legal Aid Office Rotterdam (Westblaak 180) for free advice, or litigate via District Court of Rotterdam (Wilhelminaplein 100-125).