Major Maintenance of Rental Housing in Rotterdam

Major Maintenance of Rental Housing in Rotterdam

In Rotterdam, with its mix of historical and modern rental homes, major maintenance is essential to ensure the city's livability. This includes work that maintains the structure and sustainability of your rental home. As a tenant, you do not have to pay for it; that responsibility falls to the landlord. This article explains what major maintenance involves, your rights as a Rotterdam resident, and practical steps, building on our piece about the landlord's maintenance obligation.

What Does Major Maintenance Mean for Tenants in Rotterdam?

Under Dutch rental law, major maintenance is distinguished from minor maintenance. Major maintenance focuses on long-term repairs that keep the home safe and habitable, especially in a dynamic city like Rotterdam with many apartment complexes. It does not cover everyday wear and tear, but rather critical elements such as roof repairs, pipe replacements, or exterior maintenance, suited to the robust construction of Rotterdam's buildings.

This distinction determines cost allocation: minor maintenance, like fixing a broken door handle, is the tenant's responsibility. Major maintenance is handled by the landlord, who must keep the property in good condition. In practice, around the Maas River or in the neighborhoods, disputes can arise over classification. Courts, such as the Rotterdam District Court, assess based on the structural nature of the work.

Legal Basis in Rental Law

The guidelines are outlined in the Dutch Civil Code (DCC), Book 7. The core provision is Article 7:217(1) DCC, which requires the landlord to maintain the property and keep it suitable. For major maintenance, the landlord covers all non-minor repairs. Article 7:219 DCC limits the tenant to minimal maintenance, while Article 7:243 DCC addresses defects that fail to meet expectations, holding the landlord liable.

In Rotterdam's apartment buildings, the Owners' Association (VvE) often plays a role; the landlord must pay VvE contributions for major maintenance. In disputes, you can turn to the Rent Tribunal for mediation, or escalate to the Rotterdam District Court. The Legal Aid Office in Rotterdam provides free advice for local tenants.

Examples of Major Maintenance in Rotterdam

Major maintenance affects the home's foundation and longevity. Typical cases in the Rotterdam context:

• Roof repairs, including tiles and drains, crucial in the windy port city.
• Repairing or replacing foundations, walls, or load-bearing elements.
• Central heating systems, such as the boiler (unless caused by you).
• Exterior painting of the building.
• Renewing sewer, water, and gas pipes.
• Structural insulation for walls, roof, or floor.
• Repairing outer facades, windows, and doors.

Minor maintenance includes routine tasks like changing light bulbs or unclogging drains. For illustration, here's an overview:

Rights and Obligations for Tenants in Rotterdam

As a tenant, you have the right to a safe, habitable home. Under Article 7:217 DCC, the landlord performs major maintenance at no cost. Report defects in writing; if delayed, you can claim rent reduction or terminate the lease via the Rotterdam District Court. The Legal Aid Office in Rotterdam provides template letters.

Your duties include promptly reporting defects and avoiding damage to the property. The landlord must anticipate issues, such as informing you about renovations in Rotterdam's social housing and offering temporary accommodation (Article 7:220 DCC). The Municipality of Rotterdam sometimes supports energy-saving measures.

Practical Cases from Rotterdam

Example: In a Rotterdam-Zuid apartment, the roof leaks due to rainfall. This is major maintenance; the landlord must repair it. If neglected, complain to the Rent Tribunal for a 20% rent reduction until fixed.

Or: Crumbling exterior wall in an old building on Coolhaven. The landlord handles the repair; if you do it yourself, send a formal demand first, then reclaim costs with receipts.

In a VvE apartment block: A faulty elevator due to age. The landlord covers it via the VvE; report it to them, not directly to the association. Quick action prevents issues in the bustling city.

Frequently Asked Questions