The Core Duty: Ensuring 'Woongenot'
The foundation of a landlord's responsibility in the Netherlands is the legal duty to provide the tenant with woongenot, which translates to the 'quiet enjoyment of the home'. This means the property must be fit for its intended purpose; it must be safe, healthy, and habitable. This broad duty is detailed in the law through a division of maintenance and repair responsibilities between the landlord and the tenant. The landlord is responsible for major maintenance and fixing defects that are not caused by the tenant.
Maintenance (Onderhoud) vs. Repairs (Herstellingen)
A distinction is made between proactive maintenance and reactive repairs.
- Major Maintenance: The landlord is responsible for all major, preventative upkeep and the replacement of items at the end of their lifespan. This includes exterior painting, maintaining the roof, ensuring the structural integrity of walls and foundations, and replacing an old, failing central heating boiler.
- Repairs of Defects: If something breaks through no fault of the tenant, the landlord must repair it. This covers a vast range of issues, from a broken heating system to a serious leak or a malfunctioning built-in appliance that was included with the property.
In contrast, the tenant is responsible for minor, day-to-day repairs and upkeep (kleine herstellingen), such as replacing light bulbs, tightening a loose doorknob, or unblocking a sink.
Emergency Repairs (Spoedreparaties)
An emergency is a defect that poses an immediate threat to safety or can cause significant consequential damage, such as a gas leak, a burst water pipe, or a complete failure of the heating system in winter. In such cases, the tenant must notify the landlord or their emergency repair service immediately. If the landlord is unreachable or fails to act with the necessary speed, the law gives the tenant the right, as a last resort, to hire a certified professional to perform the emergency repair and to deduct the reasonable cost from the next month's rent. This is a powerful but risky tool that should only be used in genuine, well-documented emergencies.
Structural Integrity (Bouwkundige Staat)
The landlord is unequivocally responsible for the structural integrity of the building. This includes the foundation, roof, walls, floors, and balconies. Any defect related to the building's structure is considered a 'major defect' (groot gebrek) and is the landlord's responsibility to investigate and repair. If a tenant has serious concerns about the structural integrity of their home, they should report it immediately and, if the landlord is unresponsive, can involve the municipality's building inspector (bouwtoezicht).
