Slow repairs in the rental home What are your rights in case of overdue maintenance

When you report a defect to your landlord, you expect a quick and adequate solution. Whether it's a leaking faucet, a faulty boiler or a jammed exterior door; the landlord is legally obliged to repair defects in the home. In practice, however, it often happens that repairs take months, often resulting in frustration and reduced living pleasure.

The law states that the landlord must repair a 'defect' within a reasonable period of time. What is “reasonable” depends on the urgency. A broken heater in winter requires immediate action, while a cosmetic defect in a kitchen cabinet may take a little longer. If the landlord remains negligent, you are not powerless as a tenant. You have various legal instruments to enforce recovery or alleviate the financial burden.

The formal way: Notice of default

The first and most crucial step in a slow repair is to formally notify the landlord. Verbal agreements or informal texts are often insufficient evidence in a legal conflict.

The letter

You must send the landlord a written reminder (preferably by registered mail or email with confirmation of receipt). In this letter, you state:

• A clear description of the defect.
• A reference to previous reports.
• A reasonable period of time within which the repair must be carried out (usually two to six weeks, depending on the nature of the problem).
• The announcement that you are considering further legal action if there is no recovery.

Only after this period has expired without action being taken is the landlord officially 'in default'. This opens the door to next steps.

Rent reduction in case of defects

If the pleasure of living is significantly affected by the absence of repairs, you can claim a temporary rent reduction. The amount of this discount must be commensurate with the seriousness of the defect.

The rent committee

For tenants in the social sector (and in many cases also the free sector), the rent committee is the appropriate authority to assess this. They use a list of defects that categorizes defects. Serious defects, such as an unsafe gas installation or serious mold growth, can lead to a temporary rent reduction of up to 20% or 40% of the original rent, with retroactive effect from the notification.

Civil procedure

In the free sector, with very high rents that fall outside the scope of the Rent Commission, you must start proceedings before the subdistrict court to enforce a rent reduction.

Have the repair done yourself

In extreme cases, if the landlord still refuses to take action after the notice of default, the law (Article 7:206 paragraph 3 of the Dutch Civil Code) gives you the opportunity to take matters into your own hands.

You can have the repair carried out yourself by an approved company and deduct the costs from the rent. However, this is a risky road.

• Prerequisites: You must first have given the landlord the opportunity to resolve it yourself (the notice of default).
• Reasonableness: The costs for the repair must be in line with the market.
• Risk: If the landlord challenges the settlement and the court finds that the defect was not serious enough or the costs were too high, you accrue a rent arrears that could lead to termination of the contract.

What to do in case of acute emergencies?

Not every defect can wait for a few weeks' correspondence. In case of emergency situations, such as a burst water pipe or a gas leak in the middle of the night, you can act immediately to limit the damage.

In such cases, always try calling the landlord or manager's emergency line first. Are you not getting an answer? Then call in an emergency service yourself. The costs for this are for the landlord, as it is his duty of care to keep the home safe and habitable. Capture everything immediately with photos and store the invoices carefully.

Common mistakes made by tenants

A common response to slow repairs is to stop paying rent single-handedly and without notice. This is highly inadvisable. In the Netherlands, rent payment is seen as a primary obligation. An arbitrary rent stop without the intervention of a judge or the rent commission almost always leads to legal eviction proceedings, where the tenant usually gets the short end.

Always keep communication business and written. Building a 'file' is essential should it result in a legal dispute.

Don't wait any longer: Your rights in case of overdue maintenance

If repairs take too long, you don't have to endure it patiently. By formally giving the landlord notice of default, you create the legal basis for further steps such as reducing the rent or recovering at the landlord's expense. The right to a decent home is a foundation of Dutch tenancy law. Make sure you follow the procedures carefully; this increases the chance of a quick solution and prevents you from running into problems with your payment obligations yourself.