What Constitutes an 'Urgent Repair'?
Under Dutch law, a landlord has a comprehensive maintenance obligation (onderhoudsplicht). This obligation becomes especially critical when it comes to dringende werkzaamheden, or urgent repairs. These are not minor inconveniences; they are serious defects (gebreken) that significantly impact the tenant's ability to safely live in and enjoy their home. Classic examples include:
- A complete failure of the central heating system (
CV-ketel) in winter. - A major roof leak causing significant water ingress.
- A sewage backup.
- A gas leak.
- A broken window or door that compromises the security of the home.
When such an issue arises, the landlord cannot delay. They have a legal duty to act with appropriate speed to resolve the problem. The tenant, for their part, has a duty to report the defect to the landlord as soon as it is discovered to prevent further damage.
The 'Reasonable' Timeline
One of the most common points of frustration for tenants is the timeline for these repairs. The law does not specify a hard deadline like "within 24 hours." Instead, it operates on the principle of reasonableness (redelijkheid). What is a 'reasonable' timeline depends entirely on the nature and severity of the problem. For a total heating failure in the middle of January, a reasonable response time is measured in hours, not days. The landlord is expected to contact an emergency repair service immediately. For a less critical, but still urgent, issue like a broken refrigerator in a furnished apartment, a response within a day or two might be considered reasonable. The key is that the landlord must take immediate action, even if the final repair takes longer. This action involves acknowledging the problem, communicating a plan to the tenant, and dispatching a professional. A landlord who is unresponsive or who tells a tenant to wait a week for a serious issue is failing their legal duty.
