Legal Rental Conditions and Delivery of the Home

Questioner

When leaving a rental property after 28 years, can the general rental conditions of that time simply no longer apply? And do I now have to incur a lot of costs to deliver the property according to the current general rental conditions? According to the housing association, they no longer have anything to do with the rental conditions of that time, but the new rental conditions have not been signed. How does this work? Thank you in advance for your efforts, E

Lawyer

The rental conditions of that time as well as the old law (from before 2003) should be relevant. What exactly are the problems? Are they self-installed provisions, for example? I would like to hear all relevant information.

Questioner

Dear Mr. Monique Doomerik, It concerns a tiled floor on the ground floor that would have to be removed. And all vegetation in the front and back garden must be removed. It is the home of my uncle who passed away, and now we have to pay those costs for it. Now that is not the problem but I would like to know where that was on paper at the time. I can find that in the current rental conditions, but what were the agreements when my uncle moved into this rental property as the first resident more than 25 years ago. Hope this is of some use to you, Greeting

Lawyer

Unless the heirs reject the inheritance, the following applies in your case (for 'tenant' read: 'heir'). • The starting point for delivering the home is that the tenant must deliver the home as it was when the lease agreement was entered into. • You may leave any changes that you have made yourself with the written permission of the landlord in place, unless it was agreed at the time that you must remove them at the end of the agreement. • Items that have become obsolete through normal use and normal wear and tear are not included. It is logical that, for example, a kitchen is partially or completely worn out after 10 or 20 years. The question is of course how it is determined in what condition the house was at the start of the contract. Which rules apply for that depends on: 1. Was an inventory report drawn up when the lease agreement was entered into? This inventory report is a description of the properties and any defects or shortcomings in or to the home that must be signed by the tenant and landlord when entering into the lease agreement. Contracts before August 1, 2003 • In the event of delivery without a list of inspections at the start of the lease, you must assume that the property was in good condition at the start of the contract. You must therefore deliver the property in good condition (except for normal wear and tear). • Upon delivery with the inventory at the start of the rental, you must assume that the property was in good condition except for the items listed in the inventory. You must deliver the property in good condition. With the exception of the defects on the inventory and normal wear and tear. • For contracts from before 1 August 2003, the burden of proof regarding the condition of the property lies with the tenant. If the inventory is incorrect, the tenant must be able to demonstrate this. This is not easy. You will have to prove this with, for example, photos and statements from witnesses, such as neighbours or a contractor who has worked in the property. If you need to repair certain things, the landlord must follow a careful procedure. You must be given the opportunity to remedy the defects yourself. Therefore, the landlord must hold both a preliminary inspection and a final inspection. For further information, you can contact me directly without obligation via the 'direct contact' link that you will see with this answer if you are logged in.