Tenant Duty of Care in Case of Damage in Rijswijk
As a tenant in Rijswijk, 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 prevent conflicts with your landlord. If you fail to comply, you may be held liable for repair costs. Read here everything about your obligations in Rijswijk and what to do in case of damage.
What does the duty of care of a tenant in Rijswijk entail?
The duty of care means that as a tenant in Rijswijk, you must do everything to prevent or limit damage to the property. This applies to damage caused by yourself, but also by external causes such as leakage or fire. This obligation stems from the lease agreement and the principles of reasonableness and fairness in the Civil Code (BW).
Legal Basis in Rijswijk
The duty of care follows from the Civil Code (BW) and the Housing Lease Act. Relevant articles:
- Article 7:200 BW: Tenant must use the property reasonably and fairly, including preventing damage.
- Article 7:201 BW: Maintain the property in its original state, unless otherwise agreed.
- Article 7:202 BW: Report damage to landlord in a timely manner.
In Rijswijk, the General Lease Conditions (AHV) from the lease agreement often apply, which specifically describe what must be done in case of damage, such as immediately reporting leaks.
Examples of Damage with Duty of Care in Rijswijk
Below are practical examples of damage where your duty of care applies:
| Type of damage | Example | Action in Rijswijk |
|---|---|---|
| Water leakage | Leaking tap or burst pipe | Immediately notify landlord, shut off water. Call Juridisch Loket Rijswijk in emergency. |
| Fire damage | Small fire in kitchen from candle | Alert fire brigade (112), inform landlord, leave traces intact. |
| Structural damage | Wall scratches due to moisture in Rijswijk apartments | Notify landlord, no repairs without permission. |
| Mould | Mould due to ventilation problems | Ventilate, inform landlord about causes. |
| Burglary damage | Broken window after burglary | Report to police, immediately inform landlord. |
Rights and Obligations of Tenant in Case of Damage in Rijswijk
Obligations of tenant
- Immediate reporting: Report damage to landlord immediately to prevent escalation.
- Limit damage: Take measures such as stopping water supply.
- No own repairs: Repair only with landlord's permission.
- Preserve traces: Do not hide or clean anything before investigation.
Rights of tenant
- Repair by landlord: Landlord repairs unless you are at fault.
- Cost sharing: If no fault, landlord pays everything.
- Rent reduction: Possible rent reduction if property uninhabitable.
- Help from Juridisch Loket Rijswijk: Free advice via Juridisch Loket Rijswijk.
Disputes in Rijswijk
In case of conflict over duty of care or costs: first consult with landlord. No solution? Go to Juridisch Loket Rijswijk or District Court of The Hague (district Rijswijk). Always keep proof of reporting.
Tips for Tenants in Rijswijk
- Take photos and videos of damage.
- Report by email or registered letter.
- Record condition of property upon moving in.
- Consult Juridisch Loket Rijswijk if in doubt.