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Geplaatst: zo 25 okt 2020 17:48—
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Hey,
I am sorry that I am currently writing in English but maybe you guys can help me out on this issue. Lets say Person A rents a room in a shared flat. Now Person A cancels his contract and wants to move out of the room. When the landlord checks if the room is fine he finds some discolor on one wall and another. This was likely caused by mould or something like that ( the spot was hidden by furniture and there are now some stains ) the damage is visible not not very big. Light yellow stains in an area of maybe 30cm x 30cm on both walls. This isn't very visible and even when Person A tried to Photograph it, it was barely visible on the picture. Now the landlord wants Person A to pay the cost of fixing this spots. Person A is fine with it. The landlord then said that when he only fixes the little spot, then the wall would look repainted with a hard break between the colors so he has to repaint the whole wall. It seems weird to me that Person A has to pay for the whole wall 2,8mx4m so around 12qm only because a small 30x30 cm spot is slightly discolored? Is there any regulation regarding this ? Does Person A need to pay for this or is the landlord responsible for that ? Regards Artur |
Geplaatst: zo 25 okt 2020 21:24—
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In general, small repairs that a tenant can in principle carry out him/herself are the responsbility of the tenant, bigger repairs are the responsbility of the landlord.
https://www.rijksoverheid.nl/onderwerpen/huurwoning/vraag-en-antwoord/onderhoud-huurwoning "Witten van binnenmuren" is listed as a small repair. According to article 7:217 BW, the tenant is obliged to carry out the small repairs at his cost (unless the landlord is somehow to blame for them). According to article 224, paragraph 2, BW, the tenant is obliged to return the rented property in its original state apart from permitted changes and additions and what I would call natural degradation ("hetgeen door ouderdom is teniet gegaan of beschadigd"). The original state is supposed to have been put on paper when the tenant received the keys. If that was never done, it is up to the landlord to prove that the property is not in its original state. My personal opinion on the legal situation: If there are clear stains on the wall ("damage" as you call it yourself), it seems fair that the cost of their repair is for the (leaving) tenant. However, I'm not convinced that the tenant is obliged to pay for a perfectly white wall. Even if the description of the original state mentions that the walls were freshly painted, it is normal that this is no longer the case after several years of use. In my view a non-perfectly white wall is not a small defect that needs to be repaired (and one can wonder whether a perfect paint job is a "small repair" that can be carried out by the tenant himself without hiring a professional painter). In my experience, it is customary in The Netherlands that the walls are simply left to the next tenant in whatever state they are. (But with mould spots this may be different. Of course mould could also point to a bigger problem for which the landlord is then responsible.) |
Geplaatst: zo 25 okt 2020 22:03—
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Thanks for the answer.
I am not sure what exactly this is. https://i.imgur.com/MYzDyyr.jpg Let see how much he wants and then I will see if I need to take action. As for now, there is nothing that I can do as the landlord has the money and will return how much he thinks he owns me. If he returns to less money then the only way would be a lawsuit in court for maybe 100€ or something that he's gonna take. |
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