Landlord's liability for damage

Questioner

Dear, As a private individual, I rent out an apartment that falls under a VVE. Upon delivery everything is found to be perfect, kitchen without malfunction or defect, sewerage ditto. Signed inspection report. As a landlord, I no longer have a key to the apartment. I did advise the tenant to give someone a key to the front door of her apartment in case of emergencies. She absolutely does not want this. Tenant has 3 extra locks installed. After 3 weeks: report of leak because dishwasher was connected incorrectly, which is not possible. Was always trouble-free and connected like this, the previous tenant confirmed to me when asked that he never had a fault/defect or leak. Tenant is, as far as I know now, mentally unwell and does not let anyone in, goes to the rent assessment committee to have the initial rent determined, the HC finds no defects and tenant says he has received advice from the HC not to let anyone in until the HC has made a decision. The HC determines that the rent has been deregulated. As a landlord I write and email very often to come in to inspect and repair. I point out her obligation to cooperate according to articles of the rental agreement and general terms and conditions that I mention. I also come on site after written agreement with experts, but she does not give permission for inspection and repair, and shouts us away at the intercom...…. I even claim my right to enter as a landlord but she keeps refusing. Only after more than 6 months and even more letters and emails, a wise daughter of the tenants finally allows the first inspection in the presence of someone from the VVE. Ravaged: Landlord's laminate kitchen floor is completely full of water, and various wooden kitchen parts are soaked with water, because it will become apparent: 1. the sewer has been pulled loose in the kitchen cupboard!! 2. the dishwasher connection is loose!! This could never have just happened, not even due to a blockage, experts confirm!! Upon delivery, everything was neatly and professionally secured! I also contacted the previous tenant: never had any problems. This tenant did not let anyone in for 7 months so that the water could flow freely. I immediately repaired the connections so that the cause of the leaks was resolved. Who is responsible for this enormously increased damage to my kitchen floor and the rising kitchen parts, as well as for the costs of the floor man who immediately removed the floor, removed it and installed a dehumidifier? The tenants' contents insurance, the intermediary tells me, only covers damage to her floors. But these are landlords' floors. Third-party liability insurance for tenants: This depends on the policy conditions, but most conditions stipulate that damage will not be reimbursed if the insured is responsible for someone else's property on the basis of a rental agreement. In this case there would be no coverage. The VVE building insurance, which also covers the owner's interest: Owner's interest includes all changes, improvements and extensions made at the owner's expense, such as kitchen, bathroom, wooden floor, etc. The condition is that these improvements are permanent and cannot be taken with you when you move. For the record, the kitchen floor was laminate, so not nail-fast. Curious about your response(s), thank you

Lawyer

Yes, that is all true, but it does not mean that no one can be held liable! You must hold the tenant liable for the damage resulting from the fact that she does not exercise the care that is expected of her to take care of and be careful as a good family man. If she really goes too far, there is also reason to terminate the lease. You could refer to this as a stick behind the door.

Questioner

Dear, I have indeed read something about holding someone liable. Also about having to be a good father. I'm going to do that. It just took way too long and there was way too much damage. And she should also leave it in the same condition upon delivery minus traces of use and normal wear. Well, that is no longer the case here. Thank you very much for your quick response.