Major Maintenance of Rental Property in Delft

Major Maintenance of Rental Property in Delft

In Delft, with its mix of historical and modern rental homes, major maintenance includes the essential works that ensure the structure and sustainability of your rental house. As a tenant in Delft, you are not responsible for this; that duty lies with the landlord. This article explains what major maintenance involves, your rights as a Delft tenant, and practical steps, based on our overview of the landlord's maintenance obligations. For local advice, you can contact the Juridisch Loket Delft.

Definition and Explanation of Major Maintenance in Delft

Under Dutch tenancy law, which applies in Delft, major maintenance is distinguished from minor maintenance. Major maintenance focuses on long-term repairs that keep the property safe and habitable, particularly relevant in a city like Delft with its older buildings. It does not cover everyday wear and tear but addresses critical elements such as roof repairs, pipe replacements, or exterior painting, in line with local architectural styles.

This distinction determines cost allocation: minor maintenance, like fixing a faulty tap or a loose door handle, is the tenant's responsibility. Major maintenance falls to the landlord, who must ensure the property meets standards for decent housing as set out in the law. In Delft, this can lead to disputes with historic rental properties; judges at the Rechtbank Den Haag assess whether the work involves structural issues.

Legal Basis for Tenants in Delft

The guidelines for major maintenance are found in Book 7 of the Dutch Civil Code (BW), which governs tenancy law and applies throughout the Netherlands, including Delft. The key provision is Article 7:217(1) BW, which requires the landlord to maintain the property and keep it fit for use. Major maintenance specifically falls under the landlord's duties for all non-minor repairs.

Article 7:219 BW limits the tenant to minimal maintenance, while Article 7:243 BW addresses defects: if the property does not meet reasonable standards, you can hold the landlord accountable. In apartment complexes in Delft, often managed by a homeowners' association (VvE), the landlord must cover VvE contributions for major maintenance. In disputes, the Huurcommissie can mediate; otherwise, the Rechtbank Den Haag issues a ruling. The Juridisch Loket Delft provides free initial assistance for such matters.

What Falls Under Major Maintenance in Delft?

Major maintenance affects the foundation and lifespan of the property, which is crucial in a city like Delft with its distinctive architecture. Examples specific to local rental properties:

• Repair of roofs, including tiles and gutters, often needed for older Delft facades.
• Repair or replacement of foundations, walls, or load-bearing elements.
• Maintenance of central heating systems, such as boilers (unless caused by you).
• Exterior painting of houses or complexes, taking into account municipal regulations from the Gemeente Delft.
• Replacement of sewer, water, and gas pipes.
• Structural insulation of walls, roofs, or floors.
• Repair of exterior windows, doors, and facades.

Minor maintenance includes routine tasks such as changing light bulbs, unblocking drains, or fixing small wall cracks. For comparison:

Rights and Obligations for Tenants and Landlords in Delft

As a tenant in Delft, you have the right to a safe and habitable property. Under Article 7:217 BW, the landlord must carry out major maintenance at no cost to you. Report defects in writing; if delayed, you can claim rent reduction or terminate the lease. The Juridisch Loket Delft can help draft such letters.

Your obligations include reporting issues promptly and avoiding damage or modifications that hinder maintenance. The landlord must anticipate needs, such as during renovations (e.g., asbestos in old Delft properties), by providing information and temporary housing (Article 7:220 BW). In social housing, the Gemeente Delft often prioritizes maintenance plans.

Practical Examples for Delft

For instance, if your Delft apartment has a leaking roof due to rain on historic tiles, causing water damage in the room, this is major maintenance: the landlord must repair it. If neglected, complain to the Huurcommissie for rent reduction, say 20% until fixed. The Rechtbank Den Haag can intervene if necessary.

Or, if the facade of your rental property is crumbling, typical in Delft, the landlord must handle the repair; only fix it yourself after notification and reclaim costs with receipts via the Juridisch Loket Delft.

In a VvE apartment block: a faulty elevator due to age is major maintenance. The landlord covers VvE costs; report it to them, not the VvE. Quick action prevents complications in Delft's busy rental environment.

Frequently Asked Questions