Who pays for a broken window? Tenants in Netherlands
If a window in your rented home breaks it can be unclear who pays and which steps follow. Both tenants and landlords want to know their rights and obligations under Dutch rules. This article clearly explains when the tenant is liable, when the landlord must repair, and what role the Rent Tribunal or court can play. You get practical steps to report the damage, gather evidence and request repair or compensation. The explanation uses plain language so you can quickly decide what to do and which forms or authorities in the Netherlands to consult. Read on for concrete examples.
Who pays?
In general, small maintenance and repairs are often the tenant9s responsibility, while serious defects or wear and tear are usually the landlord9s responsibility. For the exact legal rules see the Civil Code Book 7.[1] If there is disagreement, the Rent Tribunal or the cantonal judge can decide who must pay.[2]
When does the tenant pay?
- The tenant pays for damage caused by their own fault or negligence, such as a kitchen window accidentally broken.
- For small repairs listed in your lease as "minor repairs", the tenant is often responsible.
When does the landlord pay?
- The landlord pays for repairs due to wear and tear or defects arising from normal use or construction faults.
- If a broken window affects habitability or safety, the landlord is generally expected to arrange replacement.
If responsibility remains unclear, note the cause, date and circumstances and communicate in writing with the landlord.
What to do: steps and evidence
Follow these steps to increase your chances of a quick and correct outcome.
- Report the damage to the landlord as soon as possible and record the date and time.
- Take clear photos or video of the damage and keep any witness statements.
- Preferably submit a written notification or email so there is a paper trail.
- Check whether your building or contents insurance covers the damage and notify them if needed.
FAQ
- Who pays if the tenant accidentally breaks a window?
- In many cases the tenant pays for window breakage caused by their own fault or negligence; check your lease and insurance.
- Can the landlord deduct repair costs from the rent?
- The landlord may not unilaterally deduct costs from the rent without a written agreement; disputes can go to the Rent Tribunal or court.
- What does the Rent Tribunal do for window breakage?
- The Rent Tribunal can advise or decide on cost allocation if parties disagree about responsibility.
How-To
- Report the damage in writing to the landlord with date, description and photos.
- Gather evidence: photos, witnesses and any repair invoices.
- Discuss with the landlord who pays or arrange repair with agreement and request payment or compensation in writing.
- If you cannot reach agreement, consider a request to the Rent Tribunal or civil action.
Help and Support / Resources
- Wetten.overheid.nl — Civil Code Book 7
- Huurcommissie.nl — Information and forms
- Government.nl — Housing advice
