Tenant destroys rented property, how to prove his guilt?

At the termination of the lease the tenant is obliged to return the leased property to the landlord in the condition in which it was received. This applies to homes, stores and other business premises such as offices. It is difficult afterwards to determine in what condition the tenant received the leased property. That is why a description is often drawn up at the start of the lease. That description is also called a completion report or a check-in report. But what if this description is missing? Can you then take action against the tenant? Rental law attorney Robert van Ewijk explains.

Tenant is protected by legal presumption upon completion

In the law (article 7:224 BW) states that if a description is drawn up at the start of the lease, the tenant must deliver the leased property according to that description. If no description has been drawn up, a legal presumption applies. This presumption means that it is assumed that the tenant received the rented property at the conclusion of the lease in the same condition as it was at the end of the lease. However, the landlord may provide evidence to the contrary. Practically speaking, this means that if there is no check-in report of the commencement of the lease, the landlord must prove that damages were not yet present when the lease was entered into.

Proof of condition of the leased property upon entering into lease agreement

If there is damage to the leased property upon completion and no description was made when the lease was entered into, the landlord must prove that certain damage was caused by the tenant. This is often difficult. This is precisely why it is so important to be sharp at the start of the lease and make a clear description that is signed by both landlord and tenant.

Exceptions: certain damages or modifications are the responsibility of the landlord

Whether a completion report was made or not, the tenant may leave changes and additions that were permitted. In addition, damage caused by age is also the landlord's responsibility. There is often discussion when commercial or residential properties are handed over. These often revolve around the question of what exactly constitutes damage due to age and what constitutes damage due to the tenant's negligence. In general, demise or damage due to age can include deterioration of paintwork, wear and tear of hinges and locks, plumbing or kitchen, and so on.

Tenant liable for minor repairs

Although it is not explicitly stated in the law that the tenant is not liable for this damage, it is evident from system of Title 7.4 of the Civil Code and the reference to damage due to old age in Article 7:224(2) of the Civil Code. As a result, the landlord must take care of maintenance due to old age. The tenant, in turn, is only liable for minor repairs.

Regulatory law and semi-coercive law

The regulation of Article 7:224 BW is of regulating law. This means that the lease agreement may provide otherwise. What is stated above may then not apply. It can also be stipulated that the tenant must not make the leased property available to the landlord, but, for example, to a successor tenant. For housing, the above is of so-called ‘semi-coercive’ law. Mandatory law means that the provision may not be deviated from. ‘Semi-coercive’ means that it may only not be deviated from to the detriment of the tenant.

Rent law lawyer on delivery of leased property

In other types of rental, it is therefore allowed to deviate from it. However, even then the landlord runs the risk of having a proof problem if no description was made at the start of the rental. Contact the tenancy law lawyer from Lexys Lawyers if you find yourself in such a position. Or better yet, if you want to avoid it.