Platform Renting and Tenant Rights in the Netherlands
Platform renting means private hosts offer their home temporarily through online platforms. As a tenant you may face different rules about maintenance, small repairs and liability than with traditional rentals. In the Netherlands tenants have basic rights such as safe, habitable housing and clarity about who bears repair costs. This article explains in clear terms what your rights and obligations are, when the landlord or the platform is responsible for repairs, what steps you can take when problems arise and how to gather evidence for a complaint. We use practical examples and refer to official Dutch authorities to help you resolve disputes step by step.
What is platform renting?
Platform renting means a property is offered temporarily via an online marketplace to guests or short-term renters. This can affect who is responsible for maintenance, who makes contractual agreements and who is liable for damage. For tenants much remains the same: the dwelling must be safe and habitable and tenants’ basic rights still apply under platform renting.
Rights and maintenance
In the Netherlands Book 7 of the Civil Code sets out basic tenancy law rules on maintenance and repairs, which also apply to platform renting [1]. In short: the landlord is often responsible for major repairs and defects that make the dwelling uninhabitable or unsafe; small repairs may fall to the tenant under the tenancy agreement, but clear agreements and evidence are crucial.
- Who pays for small repairs (maintenance) usually depends on the tenancy agreement and the nature of the repair.
- Reimbursement for damage caused by guests may depend on the host or the platform; keep records of costs (rent/deposit).
- Document defects with photos and messages to have evidence for a complaint (document/photo).
What to do when there is a defect
Follow a clear plan: report the defect in writing to the landlord or platform, agree on repairs and monitor deadlines. If the landlord does not respond you can involve the Rent Tribunal or the court depending on the dispute type [2].
Note: for acute defects affecting safety or habitability, such as loss of water or heating, act immediately and arrange temporary alternative housing if needed.
When to seek help
If negotiation with the landlord does not lead to a solution there are two usual routes: a claim at the subdistrict court for tenancy disputes or an application to the Rent Tribunal for service charges and reasonable repair costs. The Rent Tribunal specifically handles matters like repair costs and service charge accounts and offers an accessible procedure [2].
- Collect evidence and file a complaint or application with the Rent Tribunal or court (file/submit).
- First contact the landlord and the platform to try to find a solution (contact/help).
- If informal steps fail, consider legal action at the court (court/hearing).
Frequently Asked Questions
- Who is liable for damage caused by a guest via a rental platform?
- That depends on the tenancy agreement and platform terms; typically the main tenancy agreement between tenant and landlord remains decisive, but platform terms may set additional rules.
- Can the landlord charge the tenant for maintenance costs in platform renting?
- Only if this is clearly stated in the tenancy agreement and concerns small repairs that the agreement assigns to the tenant.
- When can you involve the Rent Tribunal?
- For disputes about service charges, reasonable repair costs or clear contractual questions you can submit an application to the Rent Tribunal; other disputes are usually for the subdistrict court [2].
How-To
- Document the defect immediately with photos and a timestamp (document/photo).
- Report the defect in writing to the landlord and the platform and monitor the response (contact/help).
- If no solution is reached, gather evidence and file a request or complaint with the Rent Tribunal or court (file/submit).
- Follow procedures and be prepared for a hearing or written treatment by the competent authority (court/hearing).
Key Takeaways
- Tenants keep basic habitability rights even with platform renting.
- Documentation such as photos, messages and invoices is essential to support a dispute.
- Try negotiation with the landlord and platform before taking legal steps.
