Structural Repairs Oversight

The Fundamental Maintenance Divide\n\n### 'Groot Onderhoud': The Landlord's Domain\nDutch rental law makes a very clear distinction between two types of maintenance, and this division is the source of many landlord-tenant disputes. The landlord is solely and completely responsible for 'major maintenance' (groot onderhoud). This category covers all significant structural and foundational aspects of the property. Think of it this way: if it's a major part of the building itself, it's almost certainly the landlord's problem. This includes, but is not limited to, the roof, foundations, exterior walls and paintwork, window frames, the central heating system (CV-ketel), plumbing and electrical systems, and shared spaces like stairwells and elevators. A landlord cannot legally shift the cost or responsibility for these items onto the tenant via the rental contract. Any clause that attempts to do so is void. The landlord is not only responsible for paying for these repairs but also for arranging and overseeing them in a timely manner.\n

'Klein Onderhoud': The Tenant's To-Do List\nOn the other side of the divide is 'minor, day-to-day maintenance' (klein en dagelijks onderhoud). This is the tenant's responsibility. The government provides a detailed list of what this includes, but the general principle is that it covers small, inexpensive tasks that are a consequence of living in the property. Examples include replacing light bulbs, tightening a loose doorknob, cleaning drains and gutters to prevent blockages, and minor interior paint touch-ups. A key distinction is between repair and replacement. For example, bleeding the radiators is the tenant's job, but if the entire central heating boiler breaks down, replacing it is the landlord's job. This division often leads to arguments in a grey area. Is a leaky faucet a minor repair (tenant replaces a washer) or a sign of a major plumbing issue (landlord's problem)? The default answer should always be to notify the landlord in writing of any defect; this puts the onus on them to assess the situation and act if it falls under their responsibility.\n

Forcing a Landlord's Hand\nA common and frustrating scenario is when a landlord neglects their duty to perform structural repairs, leaving the tenant with serious issues like a leaking roof or a faulty heating system in winter. Tenants are not powerless in this situation. The first step is to formally notify the landlord of the defect in writing (a registered letter or email is best for proof) and give them a reasonable deadline to fix it. If the landlord fails to act, the tenant has several options. For properties in the regulated (social) sector, they can initiate proceedings with the Huurcommissie (Rent Tribunal), who can order the landlord to make the repair and can grant the tenant a significant, temporary rent reduction until the repair is completed. For free-sector properties, the tenant can go to court to achieve the same outcome. In urgent cases, a tenant may be permitted to hire their own professional to do the repair and deduct the costs from the rent, but this is a risky legal step that should only be taken after seeking legal advice.