Maintenance is necessary to keep a home in good condition. Especially in a rental home.
The central government has therefore determined that the responsibility for maintenance of a rented house is divided between the tenant and the landlord. In addition, the government has stated that daily minor maintenance must be carried out by the tenant and major maintenance by the landlord.
Minor maintenance for the tenant
‘Minor maintenance ‘ is understood to mean tasks that can be easily performed by a tenant and that cost little. Examples of this are painting interior walls, securing loose parts, oiling hinges or venting the central heating system. All matters that fall under minor maintenance and therefore under the responsibility of the tenant, are included in the ‘Decree on minor repairs‘. Things that have broken down at the hands of the tenant must also be repaired by the tenant himself.
Major maintenance for the landlord
Maintenance that is more difficult to carry out or involves a lot of costs, is automatically at the expense of the landlord. Examples of this are the exterior painting, the maintenance of built-in appliances and the replacement of the central heating boiler. This does not only concern repairs of things that are broken, but also work to keep the house in good condition. Think of painting the garden fence before wood rot occurs.
Maintenance and defects
When it comes to defects, a tenant stands strong. There are only a few exceptions where as a landlord you are not responsible for solving a defect. If it is impossible to remedy a defect or if the costs are so high, a lessor cannot be required to proceed with repair. Exactly when this is the case differs per defect. If the tenant and landlord cannot reach an agreement, the legal counter may be able to provide advice.
As a landlord, you are not automatically responsible for all defects that arise. There are a few cases where the liability rests with the tenant. If these minor repairs are carried out too late or not at all, the tenant is liable for the damage caused by this. This also applies if a defect is reported too late to the landlord. This is because a tenant has an obligation to provide: the obligation to report a defect to a landlord. If this does not happen and damage occurs afterwards, the tenant is responsible. Damage caused by the tenant himself is also at the expense of the tenant.
