Sanitation Facilities

Provision of Essential Fixtures

A landlord is legally required to provide a rental dwelling with adequate and functional sanitation facilities. This is a core component of the property's habitability. At a minimum, this includes a private, functioning toilet and basic bathing facilities, such as a shower or a bathtub. These fixtures, along with the sinks (wastafels) in the bathroom and kitchen, are considered part of the immovable property (onroerende zaak). As such, the landlord is responsible for their initial provision and for any major repairs or replacements that become necessary due to age, wear and tear, or inherent defects. For example, if a toilet bowl cracks, the flushing mechanism inside the cistern breaks down completely, or a tap is so old it can no longer be repaired, the landlord must arrange and pay for the repair or replacement.

The Tenant's Duty: Cleaning and Minor Fixes

The tenant's responsibility concerning sanitation facilities falls squarely under the category of day-to-day use, cleaning, and minor repairs (kleine herstellingen). The most important duty is to keep the facilities clean to prevent problems like mold growth (schimmel) or persistent odors. From a maintenance perspective, the tenant is expected to handle simple tasks. This includes dealing with minor blockages in the toilet or sink drains, provided the blockage is not caused by a deeper problem in the building's main sewer lines. Other examples of tenant responsibilities include replacing the toilet seat, tightening a loose tap, or replacing a shower hose. The underlying principle is that the tenant should manage issues that arise from their own use and which do not require significant expense or technical skill to resolve. Any attempt by a landlord to charge a tenant for fixing a major defect, such as a broken flushing system, is a misrepresentation of this legal division of responsibility.