Tenant's Duty of Care in Case of Damage in Tilburg
As a tenant in Tilburg, you are obliged to report damage to your home immediately and to prevent it from worsening. This duty of care is laid down in law and helps avoid conflicts with your landlord. If you fail to comply, you may be liable for repair costs. Discover your obligations and steps in case of damage in Tilburg here.
What Does a Tenant's Duty of Care in Case of Damage Consist Of?
The duty of care means that as a tenant in Tilburg, you must do everything to avoid or minimise damage. This applies to damage caused by yourself, but also by matters such as leakage or fire. It follows from the lease agreement and the principles of reasonableness and fairness in the Civil Code (BW).
Legal Basis in Tilburg
The duty of care derives from the Civil Code (BW) and the Housing Lease Act. Relevant articles:
- Article 7:200 BW: Use the home in a reasonable and fair manner, including preventing damage.
- Article 7:201 BW: Maintain the home in good condition, unless otherwise agreed.
- Article 7:202 BW: Report damage timely to the landlord.
Often, the General Lease Conditions (AHV) also apply in Tilburg lease agreements, with rules for reporting leakages or defects.
Examples of Damage with Duty of Care in Tilburg
In Tilburg, you see this duty of care with various types of damage. Practical examples:
| Type of Damage | Example | Action in Tilburg |
|---|---|---|
| Water Leakage | Leaking tap or burst pipe | Shut off water and notify landlord; in emergencies call emergency services. |
| Fire Damage | Small fire in kitchen from candle | Alert fire brigade (112), inform landlord, leave scene intact. |
| Structural Damage | Wall scratches due to moisture in old Tilburg home | Report and do not carry out work yourself without permission. |
| Mould | Mould due to ventilation problems | Ventilate and warn landlord about causes. |
| Burglary Damage | Broken window in Spoorzone | Police (0900-8844), call landlord immediately. |
Rights and Obligations of Tenant in Case of Damage in Tilburg
Obligations of Tenant
- Immediate Reporting: Report damage immediately to landlord to stop escalation.
- Contain Damage: Take emergency measures, such as shutting off water or gas.
- No DIY: Repairs only with permission, otherwise risk of costs.
- Preserve Evidence: Do not disturb anything for investigation or insurance.
Rights of Tenant
- Repair by Landlord: Landlord fixes damage, except if caused by you.
- Costs at Landlord: In case of external cause, landlord pays.
- Possible Rent Reduction: In case of prolonged uninhabitability, rent reduction possible via District Court Zeeland-West-Brabant, Wilhelminapark 100.
Help in Tilburg
In case of problems: free advice at Juridisch Loket Tilburg, Spoorlaan 364. For disputes to the District Court Zeeland-West-Brabant.