Living in a Rental Property: Maintenance and Responsibilities

Introduction

This chapter explains who does what when it comes to maintaining a rental home in the Netherlands. You’ll learn the legal split between tenant and landlord duties, how to report and resolve defects, what counts as “small repairs,” how service costs should be settled, and how to use Dutch institutions (Huurcommissie, municipality) effectively. We’ll also cover regional nuances, typical costs, and step-by-step procedures you can follow today.

Why this matters: misunderstanding maintenance rules is one of the top sources of conflict between tenants and landlords. It can lead to avoidable expenses, rent reductions (temporary or permanent), deposit issues, and even fines for landlords under the Wet goed verhuurderschap (Good Landlordship Act). Knowing your obligations—and your rights—keeps your home safe, your costs fair, and your tenancy smooth.

Pro Tip: Luntero doesn’t just list homes. We publish expert handbooks, rental news, and a plain-language glossary of Dutch housing terms—perfect for quick lookups while you read your contract or email your landlord.

How Dutch Law Divides Maintenance

The core rule in one sentence

Under Dutch civil law, your landlord must remedy defects and keep the dwelling suitable for use as a home, except for small day-to-day repairs which are for the tenant.

• Landlord’s duty: remedy “gebreken” (defects) and maintain the dwelling so you can enjoy it as agreed. (Civil Code Book 7, Art. 206.)
• Tenant’s duty: perform kleine herstellingen (small repairs) and basic upkeep listed in the Besluit kleine herstellingen (government decree).

What is a “defect”?

A defect (gebrek) is any condition not attributable to the tenant that prevents normal enjoyment of the home. Think structural leaks, broken heating systems, serious damp or mold due to building issues, unsafe electrics, or missing smoke alarms required by building rules. These are typically for the landlord to fix.

Access for repairs and renovations

You must allow reasonable access for urgent works and for reasonable renovations, with proper notice and at reasonable times. This duty to cooperate is in Civil Code Art. 7:220. You can claim a rent reduction if living conditions are seriously impacted and the landlord fails to fix issues.

Legal Tip: If the landlord doesn’t carry out repairs, the Huurcommissie can temporarily lower your rent based on the seriousness of the defect. Only a court or municipality can compel the landlord to actually do the work, but rent reduction often triggers action.

What Counts as “Small Repairs” (Tenant) vs. “Major Repairs” (Landlord)

The Besluit kleine herstellingen contains the official list of typical tenant repairs. Common examples: replacing light bulbs, minor garden upkeep, unblocking a sink trap, replacing shower hoses or toilet seats, minor paint touch-ups inside, and replacing fuses. Major or structural items (roof leaks, central heating defects, rotten window frames, failed ventilation systems) are landlord matters.

Pro Tip: Always check whether the problem stems from normal wear rather than misuse. Normal wear is not chargeable to the tenant; it’s part of the landlord’s maintenance duty.

Smoke detectors (rookmelders)

Since 1 July 2022, smoke detectors are mandatory on every floor with living spaces (and along escape routes). Landlords are responsible for installing them; tenants often handle minor upkeep like testing or battery replacement (a typical “small repair”).

Responsibilities Checklist (Quick Reference)

Component/Issue	Who pays/acts first?	Notes & legal basis
Light bulbs, fuses, doorbell battery	Tenant	Small repairs per Besluit kleine herstellingen.
Clogged sink trap (not structural)	Tenant	Tenant handles minor blockages; structural pipe issues are landlord.
Garden maintenance (weeding/hedges)	Tenant	Routine upkeep = small repairs.
Paint touch-ups inside	Tenant	Small maintenance; full repaint due to wear → landlord.
Central heating breakdown	Landlord	Essential installation = landlord; short bleed/radiator key tasks can be tenant.
Structural leaks, rot, unsafe wiring	Landlord	Defects that hinder normal enjoyment.
Smoke detector installation	Landlord	Batteries/testing may be tenant.
Mold due to building defects	Landlord	Tenant must ventilate properly; landlord fixes causes beyond tenant control.
Common area lighting/cleaning	Landlord (via service costs)	Must be cost-based and annually settled.

Reporting a Defect: Step-by-Step

1. Document the problem Take photos/videos with dates. Note how the issue affects daily living (e.g., no heat, water damage).
2. Notify the landlord in writing Use clear, polite language. Include a reasonable deadline. The Huurcommissie provides a model letter; many tenants use the 6-week period mentioned there as a practical cure period.
3. Cooperate with access Offer reasonable times for inspection/repair (see Civil Code 7:220). Keep a message trail.
4. Escalate if needed If unresolved, file a Huurcommissie case for temporary rent reduction due to defects. They assess the seriousness and can lower rent until repairs are done.
5. If the landlord still refuses Only a court or municipality can order repairs or fine a landlord. Use the municipal Good Landlordship complaint point (meldpunt) if behavior breaches those rules.

Legal Tip: Try the Huurcommissie Gebrekencheck first to see how severe your issue ranks and what outcomes are likely.

Service Costs (Servicekosten): What’s Fair—and How to Check

Service costs are charges on top of base rent for deliveries and services like cleaning common areas, caretaker/housemaster, shared lighting, or individual utilities via sub-metering. They must be actual, reasonable, and annually settled against your monthly advances.

• Annual settlement: your landlord must provide a specified statement showing actual costs vs. what you paid. If you paid too much, you get a refund. If too little, you pay the difference. The Huurcommissie can review the reasonableness and recalc the correct amount.
• Typical amounts: amounts vary widely by building type and services. A broad national indication for apartments is around €100 per month (sometimes lower/higher), but your building may differ significantly. Treat this as a ballpark only and rely on the annual settlement.

Pro Tip: Keep your own log of cleaning quality, lighting uptime, and caretaker visits. It makes any dispute over service costs more objective at settlement time.

Legal Requirements & Up-to-Date Rules (2025)

Requirement / Limit	What it means (2025)	Source
Small repairs	Tenant pays for routine, minor maintenance per Besluit kleine herstellingen.
Landlord’s repair duty	Landlord must remedy defects and keep dwelling suitable; tenant must cooperate with urgent works/renovations at reasonable times.
Smoke detectors	Mandatory on every floor; landlord installs, tenant usually replaces batteries/tests.
Service costs	Must be cost-based; annual settlement required; Huurcommissie can review reasonableness.
Agency fees	Double mediation fees (charging both sides) prohibited; can be reported to municipality under Wet goed verhuurderschap.
Deposit (waarborgsom)	Max 2 months’ base rent for contracts from 1 July 2023 (older contracts: up to 3 months).
Deposit return	Government guidance: return within 14 days after end of tenancy when no damages/arrears.
Rent increases 2025	Free sector max 4.1%; mid-rent max 7.7% from 1 Jan 2025; social max 5% from 1 July 2025.
Points sheet with new contracts	From 1 Jan 2025, landlord must give a puntentelling (WWS) with every new contract.
Municipal complaint point	Every municipality must have a meldpunt for landlord misconduct; they can fine/act.

Scam Alert: Watch for “administration fees,” “contract fees,” or “key money.” If it smells like a second mediation fee, it’s likely unlawful. Report it to your municipality’s meldpunt.

How to Handle Mold, Damp, and Ventilation

• If mold originates from leaks, thermal bridges, or inadequate building ventilation systems, it’s usually a landlord responsibility to fix.
• If mold is clearly due to tenant behaviour (never ventilating, drying laundry in unventilated rooms, turning off heating entirely in winter), the landlord may argue it’s not a building defect. The burden to prove tenant-caused problems often lies with the landlord once a serious defect is alleged.

Action plan

1. Photograph affected areas regularly; 2) ventilate and heat appropriately; 3) notify landlord in writing; 4) use the Gebrekencheck and consider Huurcommissie rent reduction if unresolved.

Using the Huurcommissie for Maintenance Problems

When the Huurcommissie helps

The Huurcommissie (Rent Tribunal) can assess the seriousness of defects and temporarily reduce rent until repairs are completed. They do not order repairs but their decisions are persuasive—and often enough to trigger action.

Typical timeline

1. Notify the landlord (ideally using the model letter).
2. Wait a reasonable period (6 weeks is often used per the model letter).
3. File with the Huurcommissie if no solution.
4. Decision may set a temporary reduced rent level based on defect categories and severity.

Pro Tip: If your building has serious category-A/B defects (e.g., central heating out in winter), the potential rent reduction can be substantial—another reason to formalize your complaint early.

Service Costs: Worked Examples

Below are illustrative monthly ranges for common items in mid-size apartment buildings. Always rely on actual annual settlements for your building.

Item (example)	Typical monthly range	Who ensures value for money?
Cleaning common areas	€15–€40	Landlord/manager; you can challenge unreasonably high costs with Huurcommissie.
Common area electricity	€5–€20	Same as above; based on actual meter readings.
Caretaker/housemaster	€15–€50	Must reflect actual salary/time allocation.
Glass insurance	€2–€8	Often allowed as service cost; check policy details.

Legal Tip: Your monthly advance is just a pre-payment. The annual settlement is where truth lives: too high → refund; too low → surcharge. If you never see a detailed statement, ask in writing and consider Huurcommissie review.

Rent Regulation Touches Maintenance Too

While this chapter focuses on maintenance, you should know how rent regulation interacts with condition:

• The Woningwaarderingsstelsel (WWS) assigns points for quality aspects (size, energy label, amenities). Poor condition and defects can influence the maximum legal rent or trigger temporary rent reductions.
• Since 1 January 2025, landlords must include a WWS points sheet with any new contract. From 1 July 2025, if the landlord didn’t lower an excessive rent within the transition year, you can ask the Huurcommissie to assess and lower it.

Pro Tip: Use the Huurcommissie Rent Check (also in English) to compute points and spot mispricing—handy leverage when maintenance is neglected.

BRP Registration & Housing Administration

Within 5 days of moving, register your new address (BRP) with your municipality; expats arriving for >4 months must also register within 5 days of arrival. This keeps taxes, healthcare, and voting records in order, and many landlords require proof of registration.

Pro Tip: In Amsterdam (and many cities) you can submit your lease copy when registering online—have a signed copy at hand.

How to Keep Your Deposit Safe (and Get It Back)

• Deposit cap: for contracts from 1 July 2023, landlords can ask max 2 months’ base rent (older contracts: up to 3).
• Return timing: Government guidance states landlords should return your deposit within 14 days at the end of tenancy when there’s no damage or arrears. If there are deductions, the landlord must specify them.
• Checklist: Do a pre-check-out inspection, repair tenant-level items, deep-clean, and match the check-in report.

Scam Alert: A landlord cannot hold your deposit while waiting for third-party bills if the tenancy is cleanly settled. Ask for an itemized settlement—and push back on vague “admin fees.” Use your municipality’s meldpunt if needed.

Regional & Cultural Insights

• Unfurnished (ongemeubileerd / kaal) often means no flooring, ceiling lights, or window coverings. Budget for basic fit-out after move-in.
• Amsterdam, Rotterdam, The Hague, Utrecht: municipalities actively enforce Good Landlordship; all municipalities must run a complaint point where you can report misconduct (e.g., illegal fees, discrimination, excessive deposits).
• Expat rentals: expect more furnished options but higher service costs for amenities (e.g., cleaning, linen). Demand a detailed breakdown and annual settlement.
• Energy labels: landlords must have and show an energy label when renting and include it in ads; missing labels can lead to fines—also relevant for WWS points.

How to Dispute Service Costs (Step-by-Step)

1. Collect documents: lease, service cost clauses, monthly advances, prior settlements.
2. Ask for the annual statement: in writing, request the itemized settlement (and underlying invoices if unclear).
3. Compare and question: are items permitted service costs? Are hours/rates reasonable? (Use the Huurcommissie Servicekosten guidance.)
4. Negotiate: propose corrections with evidence.
5. Huurcommissie: if unresolved, file a service cost case; they can recalculate what’s fair and binding.

Legal Tip: Many tenants win (fully or partially) when they bring clear numbers. Keep a spreadsheet and store receipts and correspondence.

Worked Scenarios

1) Heating outage in January

Problem: No heating for three days in a regulated mid-rent apartment. Action: Email landlord; offer access; reference 7:220 BW. If unresolved, file Huurcommissie defects case and request temporary rent reduction until fixed. Keep evidence (temperatures, emails).

2) Persistent mold in bedroom

Problem: Black spots return despite cleaning and ventilating. Action: Photolog, humidity readings if possible; notify landlord; request inspection for thermal bridges/leaks. If landlord blames you without proof, escalate to Huurcommissie and consider municipal housing inspection if health/safety is at stake.

3) Service costs spike by €60/month

Problem: Annual settlement shows big jump in cleaning and caretaker costs. Action: Ask for invoices and hours; compare to building reality; demand correction where services weren’t provided; file with Huurcommissie if landlord won’t adjust.

Differences by Housing Type (Maintenance Angle)

Type	What to expect	Maintenance notes
Social rent	Corporations follow strict standards and often have responsive repair services.	Annual rent caps and strong oversight. Use Huurcommissie freely for defects/service costs.
Mid-rent (middenhuur)	Regulated since 2024–2025 via WWS (144–186 points).	Same defect routes as social; rent caps apply; landlord must follow WWS points and give point sheet with new contracts.
Free sector (187+ points)	More market-based, but Good Landlordship rules still apply.	Defects can still trigger rent reduction; service costs still must be reasonable and settled.
Rooms (onzelfstandige woonruimte)	Shared facilities create more service costs and maintenance interfaces.	Huurcommissie sees many service cost and defect cases here—don’t hesitate to file.

Communication: Keep it Professional (and Dutch-Savvy)

• Use written messages and keep a polite tone; Dutch housing practice values direct, clear communication.
• Reference specific legal terms where helpful: gebrekenregeling, kleine herstellingen, servicekostenafrekening, puntentelling.
• Attach photos and propose two or three time slots for access to avoid back-and-forth.

Pro Tip: Luntero’s glossary translates Dutch housing terms into simple English (and vice versa). It’s designed for expats and Dutch tenants alike.

Common Mistakes (and How to Avoid Them)

• Not reporting defects in writing. Verbal complaints are easily disputed. Email and keep a timeline.
• Blocking access for repairs. This can backfire legally; cooperate and set clear appointment windows.
• Accepting illegal fees or excessive deposits. Refuse double mediation fees, and remember the 2-month deposit cap (post-July 2023 contracts). Use the municipal meldpunt.
• Ignoring service cost settlements. Ask for the annual statement; challenge unreasonable items.
• Letting mold linger without evidence. Document, ventilate, and escalate methodically using the Gebrekencheck.
• Skipping BRP registration. You generally must register within 5 days; fines are possible if you don’t report address changes on time.

Maintenance Budgeting: What to Plan For as a Tenant

Even with a perfect landlord, you’ll have tenant-side costs:

• Consumables: bulbs, batteries (e.g., smoke detectors), descalers, minor tools.
• Small fixes: shower hose, toilet seat, silicone re-sealing small areas, unclogging a trap.
• Fit-out (in “unfurnished” homes): flooring, lamps, curtain rails. Plan a separate move-in budget.
• Service cost advances: expect variation by building; €100/month is a rough national indication, but your actual settlement rules.

If the Relationship Breaks Down

1. Write a final demand with a clear deadline.
2. Huurcommissie: defects or service costs.
3. Municipal “meldpunt”: illegal landlord behaviour (Good Landlordship).
4. Court: to compel repairs or resolve complex disputes.

Scam Alert: If a landlord threatens eviction for requesting repairs, that can violate Good Landlordship and anti-harassment provisions. Report to the municipal meldpunt.

Practical Mini-Calculators and Checks

• WWS points vs. rent: Use the Huurcommissie Rent Check (English available). A lower-than-advertised point score can mean a lower maximum legal rent—especially relevant if the home’s condition is subpar.
• Energy label: Ask the landlord for the label. Missing label = potential fine and may hide a worse WWS score than advertised.
• Service costs: Keep a running tally; compare advances to annual settlement. Challenge anomalies early.

Pro Tip: Luntero’s news feed frequently covers policy changes (rent caps, service cost rules). Subscribe so your knowledge stays current.

Key Takeaways

• Landlord vs. Tenant: Landlords handle defects and building systems; tenants do small daily repairs listed in the Besluit kleine herstellingen.
• Document & Notify: Always email maintenance issues with photos and a repair deadline; use the Huurcommissie model letter as a template.
• Huurcommissie works: They can temporarily reduce rent for defects and recalculate service costs; this often resolves issues.
• Good Landlordship: Illegal fees, discrimination, harassment, or excessive deposits can be reported to your municipality’s complaint point.
• Deposit basics: Max 2 months (newer contracts); plan for a 14-day return after clean handover per official guidance.
• Smoke detectors: Mandatory; landlord installs, tenant may replace batteries. Safety first.
• Stay current: 2025 rent caps and point-sheet obligations affect leverage in maintenance disputes.