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Distinguishing Major Repairs from Service Costs

Difference between major maintenance (landlord) and service costs (tenant). Practical testing and objection procedures explained.

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Major repairs do not fall under chargeable service costs, but under the landlord's responsibility (Article 7:206 BW). This includes structural maintenance such as roof replacement, central heating installation or foundation repair, with costs exceeding €1,000 per intervention. Service costs are limited to minor maintenance, cleaning and management. Landlords may not pass on major maintenance via service charges; that is unlawful. Tenants can challenge this with the Huurcommissie, which tests against the 'good landlord' standard. Evidence with inspection reports or quote comparisons. In case of distinction: landlord pays, tenant no advance payment. Disputes escalate to the district court with penalty payment risk. Lease agreements often specify lists of minor versus major maintenance. Check the MJOP (Multi-Year Maintenance Plan) for planning. This prevents discussions and high bills. For new construction, 10 years indivisible maintenance applies. Tenants with purchase option sometimes claim partly. Consult legal advice in case of doubt. This way you correctly separate costs and only pay your share. (201 words)