Major Maintenance of Rental Property in Amsterdam

Major Maintenance of Rental Property in Amsterdam

In Amsterdam, where many tenants live in historic buildings or modern apartments, major maintenance involves essential work to ensure the structure and longevity of your rental property. As a tenant, you are not responsible for the costs; that falls to the landlord. This article explains what major maintenance entails, your rights as a tenant in Amsterdam, and practical steps, including a link to our article on the landlord's maintenance obligations. For local advice, contact the Amsterdam Legal Aid Office.

Definition and Explanation of Major Maintenance in the Amsterdam Context

Under Dutch tenancy law, which applies in Amsterdam, there is a distinction between major and minor maintenance. Major maintenance focuses on long-term repairs and replacements that keep the property safe and habitable, particularly relevant in a city like Amsterdam with its old canal houses and high-rises. It does not cover everyday wear and tear but addresses critical elements such as roof repairs, pipe replacements, or exterior maintenance, which support livability in the bustling capital.

This distinction determines cost allocation: minor maintenance, like fixing a broken door handle or faucet, is the tenant's responsibility. Major maintenance is handled by the landlord, who must ensure the property meets standards for a decent living environment. In Amsterdam, this can lead to disputes, for example, with historic buildings where structural changes are complex. Judges, including those at the Amsterdam District Court, evaluate this based on the nature of the work: structural, infrequently needed interventions qualify as major maintenance.

Legal Basis for Tenants in Amsterdam

The guidelines for major maintenance are outlined in the Dutch Civil Code (Book 7), the core of tenancy law. The key provision is Article 7:217(1) of the Dutch Civil Code, which requires the landlord to maintain the property and keep it suitable for use. For major maintenance, this means the landlord handles all non-minor repairs.

Article 7:219 of the Dutch Civil Code limits tenants to minor maintenance, while Article 7:243 of the Dutch Civil Code addresses defects: if the property does not meet reasonable expectations, you can hold the landlord accountable. In Amsterdam complexes, often involving homeowners' associations (VvE) in areas like along the Amstel River or in the Jordaan, the landlord must cover VvE contributions for major maintenance. In disputes, the Rental Commission can mediate, or you can turn to the Amsterdam District Court or the Amsterdam Legal Aid Office for free advice.

What Falls Under Major Maintenance in Amsterdam?

Major maintenance affects the foundation and lifespan of the property, which is crucial in a city with strict building regulations. Examples specific to Amsterdam rental properties:

• Repair of roofs, including tiles and gutters on canal houses.
• Repair or reinforcement of foundations, walls, or load-bearing elements, often needed in older buildings.
• Maintenance of central heating systems, such as boilers (unless damaged by the tenant).
• Exterior painting to preserve the iconic Amsterdam facades.
• Replacement of sewerage, water, and gas pipes, in line with municipal inspections.
• Insulation of walls, roofs, or floors for energy efficiency in the city.
• Repair of exterior facades, windows, and doors, taking into account any monument status.

Minor maintenance includes routine tasks such as changing light bulbs, unblocking drains, or fixing small wall cracks. The Municipality of Amsterdam can assist through housing inspections to clarify boundaries.

For clarification, here is an overview table:

Rights and Obligations of Tenants and Landlords in Amsterdam

As a tenant in Amsterdam, you deserve a safe and habitable home. Under Article 7:217 of the Dutch Civil Code, the landlord performs major maintenance at no cost to you. Report defects in writing; if delayed, you can seek rent reduction or terminate the lease via the Amsterdam Legal Aid Office.

Your obligations include reporting defects promptly and avoiding damage. The landlord must anticipate issues, such as asbestos removal in older buildings (under Article 7:220 of the Dutch Civil Code), potentially providing temporary housing. In social housing, the Municipality of Amsterdam prioritizes maintenance plans for sustainable neighborhoods.

Practical Examples for Tenants in Amsterdam

For instance, if your apartment on the Prinsengracht has a leaking roof due to age, causing water damage in the living room, this is major maintenance: the landlord must repair it. If neglected, complain to the Rental Commission for a 20% rent reduction until fixed.

Or, if the facade of your row house in De Pijp is crumbling, the landlord must handle the repairs; only fix it yourself after notification and claim costs with receipts through the Amsterdam District Court.

In a VvE apartment block in Oost, a worn-out elevator is major maintenance. The landlord pays via the VvE; report it to them, not directly to the association. Quick action prevents issues in the busy city.

Frequently Asked Questions about Major Maintenance in Amsterdam