A Legally Redundant Term
A 'maintenance-inclusive lease' is a term that should be viewed with skepticism, as it is essentially a marketing phrase that describes the standard legal situation in the Netherlands. By law, every standard residential rental agreement (huurovereenkomst voor woonruimte) is already inclusive of all major maintenance (groot onderhoud). The landlord's legal duty to maintain the property is a fundamental, non-negotiable part of the contract, and the costs for this are considered to be covered by the basic rent (kale huur) the tenant pays. A landlord advertising a lease as 'maintenance-inclusive' is like a restaurant advertising that their prices are 'kitchen-inclusive'; it states the obvious and may be a sign that they are trying to present a basic legal obligation as a special, premium feature.
The Standard Division of Maintenance
Dutch rental law has a clear and well-defined division of maintenance responsibilities. The Landlord (Verhuurder) is responsible for all major maintenance and repairs. This includes the roof, foundation, exterior walls, heating system (CV-ketel), plumbing, and electrical systems. Essentially, the landlord must fix anything that is not the tenant's responsibility. The Tenant (Huurder) is responsible for minor, day-to-day repairs, known as kleine herstellingen. This includes tasks like replacing light bulbs, tightening loose screws on door handles, and cleaning drains. This division is mandatory and cannot be altered to the tenant's disadvantage in the rental contract.
A Potential Red Flag
While mostly harmless marketing, the term 'maintenance-inclusive lease' could potentially be used to obscure other costs. For example, a landlord might use it to justify including a serviceabonnement (service contract) for the heating boiler in the monthly servicekosten. While this is legally permissible, it should be specified clearly, not hidden under a vague, all-encompassing term like 'maintenance-inclusive'. A tenant should always look past such vague phrases and focus on the specific division of responsibilities outlined in the lease and by law.
