Tenant rights for repairs in the Netherlands: who pays?
Who pays for repairs in a Dutch rental? Landlord vs tenant duties, how to enforce repairs, and what to do when nothing happens. Updated for 2026.
A leak has been dripping through your ceiling for two months and your landlord doesn't respond. The heating broke down and you've been waiting weeks for a technician. Many tenants don't know exactly what they're entitled to. And that gives some landlords room to let things slide.
This article explains clearly what Dutch law says about maintenance and repairs in rented housing.
Which repairs are the landlord's responsibility?
Dutch law distinguishes major from minor maintenance. Major maintenance is always at the landlord's expense, regardless of what your contract says (clauses removing this duty are not legally valid).
The landlord is responsible for:
- Leaks (roof, pipes, sewerage)
- Broken heating systems (boiler, radiators)
- Faulty electrical installations (fuse box, sockets)
- Ventilation or extractor problems
- Dangerous situations (mould caused by structural damp issues)
- Outer walls, roof, foundation
- Lifts in apartment buildings
- Common areas
Practical rule: anything to do with the structure of the building or installations needed for habitability falls to the landlord.
Which maintenance does the tenant pay?
Daily maintenance and small repairs from normal use are the tenant's responsibility. This is laid down in the Dutch Decree on Minor Repairs (Besluit kleine herstellingen).
The tenant is responsible for:
- Flushing, cleaning and unblocking drains
- Broken toilet locks or door handles
- Broken sockets or light switches (replacing the part, not the installation)
- Small interior paintwork (e.g. small scratches)
- Garden upkeep if you have a private garden
- Replacing small parts: lightbulbs, smoke alarm batteries, draught strips
Important: your rental contract cannot put more on the tenant than the law allows. Clauses saying you're responsible for boiler maintenance or roof leaks are invalid.
How do you request a repair from your landlord?
- Send a written request: by email or letter, with a clear description of the problem.
- Set a reasonable deadline: for non-urgent repairs, 2 to 4 weeks is reasonable. For urgent cases (no heating in winter, leaks), 24 to 48 hours.
- Send a reminder if there's no response: registered post, so you have proof.
- Keep all correspondence: emails, WhatsApp messages, photos of the defect.
For broader context on the Amsterdam rental market and your position as a tenant in 2026, see our main page on renting a room in Amsterdam.
What can you do if the landlord doesn't respond?
If your landlord refuses to repair or doesn't respond, you have several options.
Huurcommissie (Rent Tribunal): for social rental housing you can file a complaint. The Huurcommissie can order a rent reduction if there are defects.
Municipal enforcement: for dangerous situations (mould, unsafe electrical installations) the municipality can take enforcement action. Report it via the municipal complaints desk.
Kort geding (summary procedure): in urgent cases (no heating in winter) you can force the landlord to repair via a fast-track court procedure.
Self-repair and deduct from rent: in extreme cases you can have the repair done yourself and deduct the costs from rent. This is legally risky. Only do this after legal advice.
Also read our rental contract checklist to check if there are relevant clauses in your contract.
Can the landlord refuse a rent reduction if there are defects?
The other way around. If there are defects the landlord is required to fix and they don't, you can request a temporary rent reduction at the Huurcommissie (social sector). This is an important leverage tool. More on the rules for rent increases in 2026 is in our separate article.
Where can you get help if you're stuck?
A few resources tenants in the Netherlands rely on:
- Het Juridisch Loket (free legal advice, juridischloket.nl). For general questions and an initial assessment
- Woonbond (tenant union, woonbond.nl). Paid advice but specialised in rental law
- Huurcommissie (huurcommissie.nl). For specific procedures around rent and defects
- Municipal building control (Bouw- en Woningtoezicht). For unsafe situations
If your landlord is the one delaying things, getting your deposit back at the end of the contract may also become an issue. Document everything from day one.
What if you're in a hospita arrangement?
In a hospita situation (where your landlord lives in the same building and rents you a room), the same major-vs-minor maintenance rules apply, but the dynamic is different. Disputes get personal faster because you see your landlord daily. Two practical tips:
- Always still ask in writing. Even if you eat together, send the repair request via email or WhatsApp so there's a paper trail.
- The Huurcommissie route is harder for hospita rentals because they are partially exempt from the regulated rental rules. For specifics, read our piece on hospita contract essentials and on the difference between hospita, sublet and regular rental.
Does the new Affordable Rent Act change anything?
Yes, indirectly. The Wet betaalbare huur (Affordable Rent Act) brought more rentals under regulated points-based pricing in 2024-2025, which means more tenants can use the Huurcommissie for both rent disputes and maintenance defects. If you're unsure if your room counts as regulated, this is worth checking. It changes which enforcement route is open to you. More on this in what the Affordable Rent Act changes.
Frequently asked questions
My boiler broke, who pays for the repair?
The landlord. The boiler is an installation that's the landlord's responsibility, including regular annual servicing in most contracts. Check if anything is stated about maintenance in your contract. Check if that clause is even valid.
Is mould in the bathroom the landlord's problem?
It depends on the cause. Is there poor ventilation in the building (a structural fault)? Then the landlord is responsible. Are you ventilating poorly and using the bathroom intensively without airing it out? Then it can be on you.
Can I bring in my own technician if the landlord does nothing?
Legally you can do repairs yourself and recover the costs, but this is legally complex. Only do this after a written demand to the landlord and ideally legal advice.
How long can I wait for a leak repair?
An active leak is an emergency. Reasonable deadline: 24 to 48 hours. If the landlord doesn't respond, escalate to the municipality (enforcement) or call an emergency technician and recover the costs.
What if my landlord says it's my fault?
Then they have to prove it. The burden of proof rests primarily with the landlord for structural defects. Take photos, keep communication, and get legal advice via the Juridisch Loket or Woonbond.
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