maintenance

The Division of Labor: Who Fixes What?

The question of who is responsible for fixing a problem in a rental property is a frequent source of confusion and disputes. Dutch law provides a clear framework that divides maintenance responsibilities between the tenant and the landlord. The guiding principle is a distinction between minor, everyday upkeep and major, structural repairs.

The Tenant's Responsibility (Kleine herstellingen): The tenant is responsible for what the law calls 'minor repairs'. This does not mean 'inexpensive'; it refers to repairs of things that are easily accessible and require little specialized knowledge, often related to the wear and tear of daily use. A formal government decree (Besluit kleine herstellingen) provides a long list of examples, which include:

• Replacing light bulbs and fuses.
• Tightening loose doorknobs or cabinet hinges.
• Periodically bleeding the radiators of the heating system.
• Cleaning drains, gutters, and ventilation shafts to prevent blockages.
• Touching up minor paint scuffs inside the property.
• Replacing consumable items like a shower hose or a toilet seat.

The Landlord's Responsibility (Groot onderhoud): The landlord is responsible for 'major maintenance' and addressing any defects that are not the tenant's fault. This covers the structural integrity of the property and its primary systems. The landlord's duties include:

• Repairing or replacing a broken central heating boiler (CV-ketel).
• Fixing any leaks from the roof or plumbing within the walls.
• Addressing foundational issues, such as major cracks in walls.
• Repairing or replacing broken windows (the glass and the frame).
• Dealing with pest infestations (like mice or rats), unless the infestation is clearly due to the tenant's negligence or poor hygiene.
• Maintaining and repairing exterior paintwork and structural elements.

The Procedure for Requesting Repairs

If a defect arises that is the landlord's responsibility, you must follow a proper procedure to ensure your rights are protected. First, notify your landlord of the defect in writing. An email is usually sufficient to start the process. Clearly describe the problem and include photos if possible. The landlord must be given a reasonable timeframe to carry out the repair. What is 'reasonable' depends on the urgency; a total loss of heating in winter requires a much faster response than a dripping tap.

If the landlord fails to act within a reasonable period, you must send a formal notice of default (ingebrekestelling) by registered mail. This letter formally states that the landlord has failed in their duty and gives them a final, specific deadline to resolve the issue. If the landlord still does nothing, you have several powerful options. You can petition the Huurcommissie to grant you a temporary rent reduction until the defect is fixed. In some urgent cases, you may be able to hire a professional to perform the repair yourself and deduct the reasonable costs from your rent, but this is a risky step that should only be taken after seeking legal advice.

Servicekosten vs. Maintenance: A Common Confusion

It's important not to confuse the landlord's fundamental maintenance obligations with optional service subscriptions. Many tenants pay monthly service costs (servicekosten) which cover the upkeep of communal areas—such as electricity for the stairwell, cleaning costs, or elevator maintenance. These costs are for shared services, not for repairs inside your private apartment. Some landlords or housing corporations also offer an optional 'service subscription' (serviceabonnement). For a small monthly fee (e.g., €5-€10), they will take care of the minor repairs that are legally the tenant's responsibility. This can be a convenient service, but it is entirely optional. A landlord cannot use this or the general servicekosten to charge you for the major maintenance that they are already legally obligated to perform at their own expense.