Tenant Duty of Care in Case of Damage in Amsterdam
As a tenant in Amsterdam, 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. In case of non-compliance, you may be held liable for repair costs. Discover your obligations and steps in case of damage in the Amsterdam rental market.
Why is the duty of care important for Amsterdam tenants?
The duty of care obliges you as a tenant in Amsterdam to minimise damage to the property. This applies to damage caused by you or external causes such as leaks or fire. It follows from the lease agreement and principles of reasonableness and fairness in the Civil Code (BW), crucial in the busy Amsterdam housing market.
Legal Basis in Amsterdam
The duty of care derives from the Civil Code (BW) and the Housing Lease Act. Relevant articles:
- Article 7:200 BW: 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 the landlord in a timely manner.
In Amsterdam, General Lease Conditions (AHV) often apply in contracts, with specific rules for reporting leaks. In case of disputes, you can go to the District Court of Amsterdam, Parnassusweg 220, or the Amsterdam Legal Aid Office, Vijzelstraat 77 for free advice.
Typical Damage in Amsterdam Properties
In older Amsterdam buildings, certain types of damage occur more frequently. Examples below:
| Type of damage | Example in Amsterdam | Action as tenant |
|---|---|---|
| Water leakage | Leaking tap in canal house | Report immediately to landlord, shut off water to prevent wood rot. |
| Fire damage | Small fire from candle in living room | Alert fire brigade (112), call landlord, leave scene intact. |
| Structural damage | Cracks due to subsiding foundation | Report immediately, no DIY without permission. |
| Mould | Mould due to canal moisture and ventilation | Ventilate daily, inform landlord of causes. |
| Burglary damage | Forced door in De Pijp | Police (0900-8844), warn landlord immediately. |
Rights and Obligations of Amsterdam Tenants
Obligations
- Immediate reporting: Report damage immediately to prevent escalation and avoid liability.
- Limiting: Take measures such as shutting off pipes or temporary covering.
- No repairs: Wait for landlord approval to avoid disputes.
- Preserve evidence: Do not hide evidence, this may have legal consequences at the District Court of Amsterdam.
Rights
- Repair by landlord: Landlord repairs unless you are at fault.
- Costs at landlord: Non-fault damage remains landlord's responsibility.
- Rent reduction: Possible in case of prolonged uninhabitability, claimable via Rent Tribunal or District Court of Amsterdam.
- Free advice: Contact Amsterdam Legal Aid Office, Vijzelstraat 77.
Practical Tips for Amsterdam
Document everything with photos and report in writing (email). At tenants' organisations such as Homeowners' Association or Amsterdam Rent Team, you get local support.