The Landlord's Duty to Act
When a tenant reports a maintenance issue or defect (gebrek) that is not their own responsibility to fix, the landlord has a legal duty to respond and take action. This is a core part of the landlord's obligation to maintain the property and ensure the tenant's woongenot (quiet enjoyment of the home). This duty is not optional. However, the law does not specify a precise number of days or hours for the response; instead, it uses the flexible standard of a 'reasonable time' (redelijke termijn).
What is a 'Reasonable Time'?
The definition of 'reasonable' is highly dependent on the severity and urgency of the problem. A tenant should not expect a broken kitchen cabinet handle to be fixed with the same urgency as a complete heating failure. Here's a general guide: Emergencies (Spoedgevallen): For critical issues like a major gas leak, a burst pipe, or a total loss of heating in winter, a reasonable response time is immediate (within a few hours). The landlord must have a 24/7 emergency contact for such events. Urgent Defects: For serious problems that affect the essential use of the home, such as a broken toilet, a non-functioning shower, or a serious roof leak, a response is expected within 1-2 business days, with a repair scheduled shortly thereafter. Non-Urgent Defects: For less critical issues like a dripping tap, a cracked window (that is not a security risk), or a malfunctioning appliance, a response within a few days and a repair within a few weeks can be considered reasonable. The skeptical reality is that many landlords will stretch the definition of 'reasonable' to its absolute limit, especially for non-urgent but annoying defects.
If your landlord is unresponsive, you have a clear escalation path. 1. Always report defects in writing (email) to create a dated record. 2. If there's no response, send a formal notice (ingebrekestelling) by registered mail, stating the problem and setting a final, reasonable deadline for the repair. 3. If the landlord still fails to act, you have powerful options: You can start a procedure at the Huurcommissie (Rent Tribunal), which can order the landlord to make the repair and can grant you a temporary rent reduction until it's done. In some cases, you may be able to have the repair done yourself and deduct the reasonable costs from the rent, but this is a risky step that should only be taken after seeking legal advice.
