Damage to Your Rental Home: When Do You Pay vs. the Landlord?

Quick answer: who pays what?

In most cases, the landlord is responsible for damage to the building caused by age, poor maintenance, or unforeseen events such as storms. As a tenant, you are only liable for damage you caused yourself, intentionally or through negligence. This is stated in the law (Article 7:218 of the Dutch Civil Code) and is often elaborated in your rental contract. The landlord's buildings insurance covers the major risks, while your personal liability insurance (AVP) can help with accidents. But there are many grey areas, such as leaks or minor damage. That's why it's important to understand your situation well.

When are you liable?

As a tenant, you are liable for damage you cause through careless behavior. Think of a hole in the wall from a falling wardrobe, a burnt kitchen cabinet from a hot pan, or water damage because you left the tap running. Damage due to negligence, such as not reporting a leak which then worsens, can also be on your bill. Dutch rental law (Article 7:218 BW) states that the tenant is liable for damage that can be attributed to them. This also applies to damage caused by guests, pets, or children. If you are not liable, you don't have to pay, unless your contract states otherwise. Often the landlord demands immediate reporting and repair, but the cost allocation remains dependent on the cause.

• A broken window from your child's football.
• Burn damage to the kitchen counter from a scalding hot object.
• Scratches on the wooden floor from your office chair on wheels.
• Leakage because you let the drain become clogged.
• Ceiling damage from an overly heavy lamp you hung up yourself.

When is the landlord responsible?

The landlord bears the costs for damage to the property not caused by you. This includes storm damage, fire not caused by your actions, leaks from defects in the roof or pipes, and damage from age or deferred maintenance. Also, burglary damage to the building itself (door, locks) falls under the landlord's buildings insurance, unless you were negligent by leaving windows open. Note: the landlord is also responsible for defects that affect your living comfort, like a leaking sewer or a non-functioning heating system, and must repair these. If you suffer additional damage (e.g., to your contents) due to such a defect, the landlord may be liable, but that is often difficult to prove. In practice, the landlord's buildings insurer handles many of these damages without you having to contribute.

Insurance policies that play a role

For damage in a rental home, there are three important insurances to know: your personal liability insurance (AVP), your contents insurance, and the landlord's buildings insurance. The AVP can offer a solution if you cause damage to the landlord's property, but not all AVP policies cover damage to rented items equally generously. Many policies exclude certain rented objects or have a deductible of, for example, €50 to €100 per event. It is advisable to check your policy for the 'damage to rented property' module. A contents insurance comparison can help if your belongings are damaged by an event in the home, such as a leak or fire. However, that does not cover the building itself. That is what the landlord's buildings insurance is for. It's smart to know where the boundaries lie, so you don't have double coverage or remain uninsured.

Some insurers offer a special 'tenant's liability cover' as part of the AVP. This can provide broader coverage than the standard AVP. Moreover, combining policies, such as contents and AVP with the same insurer, can sometimes yield a package discount. But beware: that alone is no reason not to compare. You can, for instance, discover how to avoid double insurance if you already have continuous travel insurance or legal expenses that overlap. For expats, a car insurance for expats can have a completely different risk profile, but for the rental home, your primary check is your AVP and contents.

The rental contract and the fine print

Your rental contract often determines in detail who bears which costs. In many rental homes, the Decree on Minor Repairs applies, which gives a list of repairs that are for the tenant's account. Think of unclogging the sink, replacing a broken window (provided not caused by you), and garden maintenance. However, larger damages such as replacing a central heating boiler or repairing a roof leak fall under the landlord. There are also deviating contract forms, such as all-in rent where maintenance is included, but that is rarer. Therefore, always read the provisions on 'repair and maintenance' in your contract. If there is uncertainty, it may be wise to have an expert look at it, but PolisMoment does not provide legal advice. However, you can gain insight into your insurance situation with an independent damage insurance check.

Prevent conflicts with documentation

The biggest problem with damage in rental homes is often not the damage itself, but the lack of evidence. The landlord may claim that a scratch on the floor already existed, while you're standing there. To avoid disputes, it is essential when you move in to create a comprehensive inspection report with detailed photos of each room. Note all visible damage, such as dents in walls, scratches on the floor, and the condition of kitchen appliances. Have this report signed by the landlord and keep it safe. For interim damage, it's wise to take photos immediately and report the damage in writing. That also helps if you later claim on your AVP; insurers often ask for proof of the damage and its cause. With good documentation, you are in a stronger position in any potential dispute and can also show that certain damage was already present as normal wear and tear.

• Take photos of floors, walls, ceilings, windows and doors.
• Note the condition of the sanitaryware, kitchen, and any appliances.
• Check that all taps, sockets, and heating work properly.
• Record any defects in a joint inspection list.
• Have the landlord sign for agreement.

A final inspection is also important when you move out. When you hand over the property, you can use photos to show you've left the home tidy, which prevents disputes over the deposit. If the landlord withholds costs from your deposit for damage you dispute, you have a strong position with a good file. Remember that a landlord cannot simply offset without your consent or a court ruling.

Common mistakes

One of the most common mistakes is assuming the landlord always picks up the bill for all damage. That's not true. Also, many tenants think their AVP automatically covers any damage; in reality, every policy has exclusions, for example for damage you caused intentionally or that was foreseeable. Another mistake is reporting damage too late, causing the situation to worsen and the landlord holding you liable. Not reading the fine print in the rental contract can also lead to unpleasant surprises, as can ignoring annual premium increases on your insurances. Therefore, it's wise to compare your policies periodically, for instance through a PolisMoment damage insurance check, so you don't overpay for the same cover.