The main rule for maintenance is: the landlord is required to pay and arrange the ‘big maintenance’ and the tenant is responsible for small maintenance. Some landlords arrange small daily maintenance for a fee included in the service costs.
Small maintenance
Small maintenance includes anything which can wear or tear during daily use. You are responsible for this. This includes:
- wallpapering or painting the room
- replace broken windows,
- repair broken doorhandles and locks
- broken lamps
- repairs necessary due to your negligence, carelessness or negligence of your guests.
Big maintenance:
Big maintenance under responsibility of the landlord:
- Exterior painting
- Repairs of roof
- Execution of maintenance to windows
- Repairs of toilet, rotten floors etc.
If the landlord is negligent in his part of maintenance, you need to ask him at least twice, the second time in a signed letter. If the landlord doesn’t comply, you can enforce maintenance in four ways and two ways to decrease or nullify rent.
- Have the municipality write an inspection report. They can demand the landlord to do the required maintenance. In case the landlord doesn’t comply, the municipality will do it on the costs of the landlord. This procedure takes an incredible amount of time.
- You can go for legal interlocution and demand the landlord to do the maintenance work. The court decides which maintenance the landlord needs to do or face a penalty
- You can do the maintenance yourself and deduct the costs on your rent. The maintenance needs to be necessary and the costs decent. The landlord can object both the necessity of carrying out the maintenance and the costs in court.
- You can ask the judge to (partially) terminate the contract. If the judge complies, you will pay less or nothing until the maintenance has been carried out.
2,3,4 are legal procedures where legal assistance is highly recommended.