Tenant: Who Pays for Repairs in the Netherlands
As a tenant in the Netherlands, it is important to know who is responsible for maintenance and minor repairs. In many cases the landlord pays for defects that affect habitability, while tenants often handle minor upkeep tasks. This article clearly explains which repairs typically fall to the landlord and which obligations rest with tenants. We also describe when you should report defects in writing, which pieces of evidence help in a dispute and how to involve the Rent Tribunal. With practical steps, examples and references to official rules from Book 7 of the Civil Code, we aim to give tenants in the Netherlands a clear and useful overview without legal jargon.
Who pays for what?
General rule: the landlord is responsible for defects that affect living quality or safety. The tenant is usually responsible for minor repairs or wear and tear from normal use. Concrete examples are governed by Book 7 of the Civil Code[1].
Examples
- Heating or pipes that fail from wear → landlord.
- Minor leaking tap or clogged trap from normal use → tenant.
- Damage caused by tenant negligence → tenant may be liable and must pay.
Reporting and deadlines
Always report defects to the landlord in writing and keep a copy. Note the date, description and make photos; this evidence is often decisive in a dispute. If the landlord does not respond or does not repair within a reasonable time, you can involve the Rent Tribunal or the subdistrict court depending on the issue[2].
What to include in your report?
- Date of discovery and a clear description of the defect.
- Attachments: photos, damage description and any previous communications.
- State a reasonable timeframe in which you expect repairs.
Evidence and remedies
Keep a file with all reports, invoices and responses. If there is a dispute about who must pay, good documentation increases your chances with the Rent Tribunal or court. In some cases you may be allowed to recover costs or reduce rent; do not do this without advice or a formal decision.
When to involve the Rent Tribunal
The Rent Tribunal often handles service charge, maintenance and rent-related disputes. First check whether your case falls within their competence; for other conflicts the subdistrict court is the correct forum. Consult official procedures before filing a complaint[2].
Frequently Asked Questions
- Do I have to pay for small repairs myself?
- Small repairs from normal use are often the tenant’s responsibility, unless the lease agreement states otherwise.
- What does the Rent Tribunal do?
- The Rent Tribunal mediates and rules on rent levels, service charges and certain maintenance disputes; structural disputes may require court action.
- Can I withhold rent if the landlord does not repair?
- Withholding rent is risky without legal basis; consult the Rent Tribunal or legal advice before taking action.
How-To
- Report the defect in writing to the landlord with date and clear description.
- Gather evidence: photos, videos and any witness statements or quotes.
- Allow the reasonable period you stated and send a reminder if no response is received.
- If unresolved, check Rent Tribunal competence and file a complaint or seek legal advice.
Key takeaways
- Document everything immediately: date, time, communication and evidence.
- Try to resolve issues with the landlord before pursuing formal steps.
Help and Support / Resources
- Rent Tribunal: forms and guidance
- Wetten.nl: Civil Code Book 7
- Government.nl: housing and tenancy law
