In principle, the landlord is responsible for maintaining a rental property, but there is a distinction between major and minor maintenance.
Landlord responsibilities for major maintenance
Landlords are responsible for major maintenance, which includes significant repairs like exterior painting or replacing a central heating boiler, as outlined in Article 7:217 of the Dutch Civil Code (DCC).
Major maintenance and rent reduction
Landlords must address defects in the property, either on their own or at the tenant’s request. A defect is any limitation in the property’s use not caused by the tenant. If a defect affects the tenant’s enjoyment of the property and is not repaired, the tenant may claim a rent reduction from the date of notification until the issue is resolved.
Tenant responsibilities for minor repairs
Tenants are responsible for minor repairs, such as replacing lightbulbs or fixing taps. The tenant is liable for these repairs unless they result from the landlord’s failure to maintain the property.
Deviating agreements
While parties can, in principle, agree on different maintenance arrangements, Article 7:242 of the DCC stipulates that tenants may not be disadvantaged by these agreements, particularly in the case of residential leases. Except when it concerns repairs to the property that have been carried out by the tenant themselves.
For example, if a tenant installs flooring, they are responsible for its maintenance.
Conclusion
In summary, landlords are generally responsible for major maintenance, while tenants handle minor repairs. And in some circumstances, it is even possible for a tenant to claim a rent reduction in the case of unresolved major defects.
More information
Do you have questions about the division of maintenance responsibilities between landlords and tenants? Please feel free to contact GMW lawyers in The Hague. We can work it out!
