How should I deliver the rental property?
Questioner
Good day, we have had a rental property since 1-4-1993, which we terminated on 1-3-2021, but now we cannot agree with the private landlord on how the property should be delivered. When we moved into the property through a home exchange, there was already something on the floor (carpet and underlayment plates on top of that). Furthermore, the house was in poor condition (we still have photos and correspondence about that with the landlord) and we have improved the interior ourselves. New and plastered ceilings, new interior walls in some parts, new shower, etc. We also had a new floor laid, over the old floors. Now the landlord wants us to deliver the house without floors and that we have to remove all the floors, otherwise we will receive an invoice for the costs they have incurred. The contract states that the tenant accepts the rented property in its current state, without reservation, and at the end of the lease, the tenant must deliver the rented property and accepted, but in any case in good condition and completely cleared of persons and goods, as far as the latter do not belong to the landlord. Now we do not want to remove all the floors, but down to the underlayment plates, because we do not know what is underneath. And certainly not in what condition. To what extent are we in the right? We do not have photos of the floors when we moved into the house.Lawyer
This is a special situation because old law applies to the delivery of the rental house and it seems as if the landlord is also behaving in accordance with that law because the tenant is now expected to check the condition of the home evidence at the time of commencement of the lease. However, the landlord is responsible for fixed parts/components that belong to fixed floors and foundations of the rental property. It actually seems obvious to me that the condition of a solid floor in 1993 was in considerably better condition than it is now. (due to age and wear)Take the next step
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