Who’s Responsible for What? Tenant and Landlord Renting Obligations

A simple guide to your rights, repair duties, and what to do if issues arise in rental agreements.

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Renting a property in the Netherlands involves specific rights and responsibilities for both tenants and landlords. This guide provides an overview of key aspects, including repair duties, good conduct, and legal protections for tenants and landlords.

Tenant Responsibilities

1. Minor Repairs

   • Tenants are responsible for minor repairs unless caused by the landlord’s negligence.

   • Examples include fixing small damages or maintaining the property in its original condition.

   • For major repairs, tenants must inform landlords in writing immediately to avoid liability for further damage.

2. Proper Use of Property

   • Tenants must use the property responsibly, ensuring no damage results from improper use.

   • Damage caused by negligence must be repaired by the tenant. Liability insurance (WA insurance) is recommended to cover costs from accidents.

3. Allowing Landlord Entry

   • Landlords can enter the property for necessary repairs but only with the tenant’s consent.

   • Entry for urgent repairs is mandatory, and tenants cannot refuse.

4. Good Tenant Conduct

   • Tenants should avoid causing inconvenience to landlords or neighbours, such as noise or improper garbage disposal.

   • Timely rent payments and reporting damages promptly are essential.

   • Tenants are liable for damages caused by their guests.

5. Making Alterations

   • Tenants can make small, non-permanent changes, like drilling holes, but must restore the property to its original state upon leaving.

   • Major changes require written landlord approval.

Tenant Rights

1. Quiet Enjoyment

   • Tenants have a right to live in their rental without undue interference. Landlords must ensure the property is safe and habitable.

2. Landlord Entry

   • Landlords must seek tenant permission to enter the property unless it's an emergency.

3. Defects

   • Landlords must repair significant defects within six weeks of written notification. Tenants can seek a temporary rent reduction if repairs are delayed.

4. Key Copies

   • Tenants have the right to copy keys to their accommodation, though physical and financial feasibility may vary.

Landlord Responsibilities

1. Good Landlordship

   • The Good Landlordship Act protects tenants against unfair treatment. Key rules include:

     • No discrimination or harassment.

     • A maximum deposit of two months' rent.

     • Clear communication about tenant rights, deposit return, and service costs.

2. Repair Obligations

   • Landlords are responsible for major repairs and must act within a reasonable timeframe after notification.

3. Access

   • Landlords must respect tenant privacy and cannot enter the property without permission, except in emergencies.

What to Do If Problems Arise

• Report Landlord Violations: Contact the municipality or tenant advocacy groups if landlords fail to comply with legal obligations.

• Contact Huurteam Zuid-Limburg: For issues like unauthorized entry or unresolved repairs, the Huurteam can assist tenants in protecting their rights.

Additional Resources:

• Government Guidelines on Minor Repairs

• Huurteam Zuid-Limburg

• Good Landlordship Act Information

Understanding these rights and obligations helps create a positive and lawful rental experience for both tenants and landlords.

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