Take action on mold in the house?

Questioner

I rent an apartment in South Rotterdam. Early February we informed the managers of our apartment that the paint in our bedroom had swollen and seemed damp. After chasing them for a long time, the plumber came to check. According to the plumber, there was an opening somewhere in the roof of the upstairs neighbors that caused damp. A contractor was supposed to come to the neighbors, but they were on vacation at the time. After waiting for another long time, the managers suddenly say that the leak must be coming from the right-hand neighbors, and that we should contact them about this. Now it's been about 5 months and our wall has gotten worse. Also mold has grown in our bedroom, which makes us sick all the time. We've been following them all the time, but they don't seem to take it seriously. We feel like they're playing a game. I am now looking for legal advice to find a solution. I have a daughter of only 1 year and my partner who are sick far too often.

Lawyer

Good morning, Annoying situation you are in. The landlord must deliver a property in good condition. During the rental period, the landlord must ensure that defects are remedied. If this does not happen, you have the right to demand this from your landlord. A far-reaching measure is that you can reduce the rent until the defect has been remedied. When you can use this option varies from case to case. The law also offers the option of having the defect repaired yourself (if the landlord fails to do so, while he has demonstrably been given the opportunity to repair the defect). The costs can then be recovered from the landlord. Furthermore, compensation can be claimed from the landlord. Think of immaterial damage and medical costs that are incurred. There must be physical complaints that demonstrably arose due to the defect that arose (mold in the home). However, you do bear the burden of proof in demonstrating the connection between physical complaints and their occurrence. In some cases, that can be a difficult task. Feel free to contact us without obligation to discuss your case further. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526