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Emergency: Access Obligation

In emergencies in Rotterdam, the landlord may enter your home immediately. Learn your rights and obligations under BW art. 7:231-233. Help: Rechtbank Rotterdam or Juridisch Loket.

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Emergency: Access Obligation for Landlord in Rotterdam

In an emergency, a landlord has the right to immediate access to your home in Rotterdam under certain conditions, even if you as tenant do not consent. Think of water leaks, gas leaks or fire hazards. The law regulates this to limit damage and ensure safety. As a tenant, you have the right to reasonable preparation time and compensation for damage if the access was unnecessary or not properly arranged. In Rotterdam, in case of disputes, you can go to the Rechtbank Rotterdam, Wilhelminaplein 100-125 or the Juridisch Loket Rotterdam, Westblaak 180.

When is there an emergency?

An emergency is a situation in which immediate action is required to:

  • Prevent health risks (e.g. gas leak, mould formation, spoiled food in refrigerator)
  • Limit material damage (e.g. severe water leakage, flooding risk)
  • Prevent fire hazard (e.g. defective electrical wiring, short circuit)
  • Endanger the safety of residents or neighbours (e.g. subsiding foundation)

The law does not provide a complete list, but the situation must be urgent and necessary. A landlord may not simply enter your home in Rotterdam for a rental inspection.

Legal basis

The core of the access obligation in emergencies is set out in:

  • Article 7:231 BW: Regulates access to the rented property.
  • Article 7:232 BW: Access only at reasonable times with warning, except in emergencies.
  • Article 7:233 BW: Landlord must inform you quickly about the access.

General rules such as reasonableness and fairness (art. 6:2 BW) also apply. In case of abuse, you can go to the Rechtbank in Rotterdam.

Practical examples in Rotterdam

Examples of emergencies versus non-emergencies:

Emergency (access obligatory) No emergency (access not obligatory)
  • Gas leak with explosion risk
  • Water leakage damaging walls (e.g. leaking roof)
  • Fire risk due to overloading sockets
  • Mould or rotting food with health hazard
  • Unstable balcony or stairs
  • Rental inspection
  • Routine inspection without urgency
  • Repair of non-fire-hazardous appliances
  • Placing furniture
  • Inspection of old damage without acute danger

Rights and obligations

Rights of the landlord

  • Immediate access without consent in emergency.
  • Urgent repairs to carry out.
  • Obligation to inform afterwards.

Obligations of the landlord

  • No unnecessary damage or privacy violation.
  • Minimal nuisance (not at night without reason).
  • Compensation for damage in case of errors.

Rights of the tenant

  • Warning where possible.
  • Cost estimate for repairs.
  • Damage claim in case of unlawful access. Contact Juridisch Loket Rotterdam, Westblaak 180.