Tenancy Law and Asbestos: Who Pays the Costs?

Questioner

My sister has passed away and had been a tenant of a rental property since 1974. During an inspection of the property, the landlord had the linoleum in the kitchen tested for asbestos. It does indeed contain asbestos. The landlord says that I have to pay the removal costs. I do not have a list of inspections. It is not clear to me who had the linoleum laid. Does the landlord have to prove how he delivered the property? If a list of inspections has been made, the landlord must have a copy, right? If it is clear who laid the linoleum, then one can also say who is responsible for the costs. My question: do I have to pay the costs?

Lawyer

Without a recording statement, the house is deemed to have been rented and delivered in the condition as it is now; the landlord must legally prove the contrary. (Article 7:224 BW paragraph 2)

Questioner

I had the landlord read this and he said: this is for rental contracts that were concluded after 01-08-2003. Is that correct? Thank you very much for answering my first question so quickly.

Lawyer

Day Book 7a old has almost the same provision, but due to transitional law the new one applies.

Lawyer

Article 1598 If an inventory of the rented property has been drawn up between the lessor and the lessee, the latter is obliged to return the property in the condition in which he accepted it, according to that description; with the exception of that which has perished or diminished in value due to old age or unavoidable accidents.