What to do if your rental property floods during heavy rain?

Climate change is increasingly causing extreme downpours in the Netherlands. Streets are turning into rivers and the sewers are no longer able to cope with the enormous amount of water. For a tenant, there is nothing more scary than water flowing into your home via the threshold, the balcony or even the toilet. In addition to the immediate panic about your belongings, a flood immediately raises a lot of questions: Who is responsible? Who pays for the damage? And can you sleep somewhere else if your home is uninhabitable?

When the water is literally on your lips, it's crucial to stay calm and take the right steps. In this article, we'll guide you through the process of damage limitation, liability, and legal settlement with your landlord.

Direct action: Safety and damage reduction

As soon as you notice that water is coming in, your own safety comes first. Water and electricity are a life-threatening combination.

Turn off the power

If the water level rises and comes close to electrical outlets or electrical appliances, switch off the power in the meter cabinet immediately. Only do this when you are still dry yourself. Don't you trust it? Then call the fire department.

Limit damage

Try to save what can be saved. Place valuables, electronics, and heirlooms upstairs, on tables, or on blocks. Use towels, sandbags, or even garbage bags filled with sand to seal cracks near doors. If the water comes through a leaking roof, install buckets and try to cover furniture with plastic.

Inform the landlord: Reporting obligation

As a tenant, you have a so-called “reporting obligation”. This means that you must inform the landlord immediately about the defect (flood). First do this by phone due to urgency, but then confirm it immediately by email or WhatsApp.

Why is this so important? If you only report the leak after three days and the damage has worsened as a result (such as mold or a rotten floor), the landlord can hold you liable for that additional damage. By communicating directly, you place the responsibility for the repair with the landlord.

Who is responsible for what?

This is where most of the discussions arise. Basically, the distribution of water damage is as follows:

The landlord's responsibility

The landlord is responsible for the “building”. This includes everything that is attached to the house: the walls, the roof, the floor (if it belongs to the home), the sewer, and the pipes. If the flood is due to a lack of the home such as a clogged communal sewer, a poorly maintained gutter or faulty frames — the landlord must pay for the repairs and make the home habitable again.

The tenant's responsibility

As a tenant, you are responsible for your own “contents”. This is all the loose stuff: your sofa, your laptop, your clothes and your own carpet (such as laminate that you installed yourself). Even if the landlord is' at fault 'for the flood, the damage to your belongings will initially be claimed by your own insurance.

Insurance work: Household effects versus buildings

In the case of water damage, you have to deal with two different insurances that must work closely together.

• Your household insurance: Contact your insurer directly. Take photos and videos of everything which is damaged before you start cleaning up. Do not throw away damaged items immediately; the insurer can send an expert to assess the damage. Most household insurances cover damage caused by heavy rainfall, provided that the windows and doors were closed.
• The landlord's home insurance: The landlord claims the damage to the building (walls, ceilings, fixed floors) with his own insurance.

Please note: If the flood was caused by you leaving a window open during a storm, the insurance may refuse to pay out and the landlord can recover the damage to the property from you.

What if the home is uninhabitable?

In extreme cases, the home is no longer habitable after a flood. There is no electricity, the walls are soaked or there is a sewer smell.

Right to rent reduction

If you lose (part of) the enjoyment of your home due to a defect that you cannot do anything about, you are entitled to a rent reduction. You will then pay less rent as long as the home is not fully usable. Discuss this in writing with your host.

Replacement living space

In principle, the host is not obliged to pay for a hotel for you, unless this is specifically stated in your contract or if the flood is directly due to the landlord's gross negligence. Your own household insurance often covers the costs of a temporary stay elsewhere if your home has been declared uninhabitable. Check your policy conditions here.

File structure: Your most important weapon

In the event of a flood, good documentation is your best friend.

1. Photos and videos: Record the water level, where the water came in and any damaged objects.
2. Logbook: Keep track of when you've had contact with the landlord, what was agreed and which professionals stopped by.
3. Written confirmations: Always have agreements about recovery periods and rent discounts confirmed by email.

A flood is a traumatic experience, but by acting professionally and decisively, you can limit the financial and emotional aftermath. Most landlords also want to resolve the issue as quickly as possible to prevent further damage to their property.