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Landlord's vs. Tenant's Repair Obligations

Repair obligations divide tasks: minor repairs fall to the tenant, major repairs to the landlord. Report defects in writing to claim costs or rent reductions.

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Art. 7:213 of the Dutch Civil Code (BW) assigns minor repairs (costing up to approximately €8.07 per day, 2024) to the tenant and major repairs to the landlord. Minor repairs include tasks like replacing light bulbs or fixing power sockets, while major repairs cover issues such as roof leaks or heating system failures. The tenant must report defects in writing promptly; otherwise, they risk liability. The landlord is required to carry out repairs within a reasonable timeframe. If they fail to do so, the tenant may arrange the repairs themselves and reclaim the costs (Art. 7:215 BW).

In cases of vacancy, the landlord bears full maintenance responsibility. Disputes are assessed by the Rent Tribunal (Huurcommissie) based on urgency. For example, a worn-out faucet is considered a minor repair. Checklist: Create a reporting protocol with photographs. The Good Landlordship Act mandates a swift response (maximum 14 days). Tenants should not undertake complex repairs without permission. A service charge subscription clarifies responsibilities. For owners' associations (VvE), costs are shared jointly. Sanctions: Rent reductions of up to 100% may apply for prolonged defects. Evidence: Maintain an email trail. This encourages maintenance and prevents neglect. Consult the inspection report at the start of the tenancy to ensure the property remains habitable and relationships stay positive.