Rights and obligations for tenants and landlords

Students can read about tenancy law in English here.

Tenant’s obligations

1. Minor repairs

• According to Dutch law, if something is classified as a ‘minor repair’, it falls to the tenant to take care of at their own expense. If the damage was caused by the landlord failing to meet their obligations then it is their responsibility to pay. A tenant is not expected to pay for any unreasonable costs when repairing – these should be taken care of by the landlord. The government explains the repairs that are considered minor. You can find them here.
• It is possible for the landlord and tenant to agree that the landlord will take on any minor repairs, and pass on the costs to the tenant under service charges – check for this in your contract!
• If there is damage that would require a non-minor repair, the tenant has the obligation to inform the landlord in writing immediately (preferably by email). If the landlord is not informed and the damage expands, the tenant is liable for the extra damage that occurs because of not informing the landlord as soon as possible.

2. Improper use

• If the tenant’s improper use of the accommodation causes damage to the rented property, the landlord cannot be expected to pay for repairing this damage. Even if the repair is not ‘minor’, a tenant is expected to fix the damage, as it was caused by their own negligence and unreasonable behaviour.
• This is why it is a good idea to take out liability insurance.

3. Landlord entering the property

• Tenants are under an obligation to allow landlords to enter their accommodation when this is required to make any repairs. However, they cannot do this without your permission
• The landlord is absolutely subject to the tenant’s consent in order to enter their rented property. Therefore, your landlord must ask you first before they are planning on carrying out any repairs in your accommodation.
• It is your right to request they make these repairs at another time that suits your schedule better. Urgent repairs are an exception to this. You cannot refuse urgent repairs, or you might be liable for the damage that occurs because of your refusal.
• If you live in student housing and share common areas (bathrooms, kitchen, etc.), the landlord also needs to ask for permission, or at least provide prior notification, before entering these.
• If you do not grant your landlord permission to enter and they do so anyways, this could be considered an offence. You should contact the rental team Huurteam Zuid-Limburg if this is the case, as your landlord is trespassing.

4. Good tenant conduct

• Tenants must comply with legal requirements and behave in a manner suitable for a proper and decent tenant. When renting a room in a student house, a tenant may be subject to rules and regulations that differ compared to renting a self-contained apartment or studio.
• Good tenant conduct includes using the property in accordance with its intended purpose, without causing inconvenience to the landlord or third parties. In addition, the (timely) payment of the rent is seen as a characteristic of good tenant conduct.
• If the tenant does not behave in good manner, the landlord may request the court to terminate the tenancy contract.

To recap, good tenant conduct includes:

• • Ensuring the accommodation is free from damage.
  • Ensuring the landlord does not suffer any losses (e.g. loss of rent resulting from the tenant’s behaviour).
  • Informing the landlord if any damage to the property occurs as soon as possible.
  • Ensure damage to environment and local residents is prevented – for example, not being a noise nuisance, taking out your trash at the correct times, and not leaving your bike in the middle of the hallway or entrance.
  • Tenants are also liable for any damage to the property caused by their guests.

5. Alterations to the rented property by the tenant

• Tenants are only allowed to make changes to the accommodation, if these are not permanent and can be easily undone when you leave the residence. If you wish to make more substantial changes, you should always ask for your landlord’s permission to do so.
• Small alterations like drilling holes do not usually require permission. However, you need to be aware that when you leave, you are required to fill the holes and paint the walls.

6. Copying your key

• As a tenant, you are allowed to make a copy of the key to your accommodation. Whether this is physically possible is a different question, though, as some keys are very hard and very expensive to copy.

Landlord’s obligations

• As a tenant, you have a right to the ‘quiet enjoyment of your accommodation’ – it is therefore your landlord’s duty to provide for and facilitate this enjoyment, within the limits of what a tenant may reasonably expect.
• Some things, like noise nuisances caused by neighbours, are out of the landlord’s control, and so do not fall under their duties (unless the nuisance comes from neighbours renting from the same landlord).

Good Landlordship Act

The Good Landlordship Act (Wet Goed Verhuurderschap) is a regulation, which enables tenants to report landlords, who violate the rules set out in the act. If a landlord fails to comply with the rules, the municipality can give them a warning or a fine. If you are in the unfortunate situation that your landlord is not abiding to the rules, you can contact the municipality. The contact information and more information about the act can be found here.

The 7 rules of good landlordship:

1. The landlord may not discriminate against people who are searching for a rental property.
2. The landlord may not threaten or scare the tenant.
3. The landlord may charge a maximum deposit of 2 months’ basic rent.
4. The landlord must provide a written tenancy agreement.
5. The landlord must provide the tenant with clear information about:
   • the rights and duties of the tenant, if they have not been included in the tenancy agreement
   • the amount of the deposit and the date when the tenant will get the deposit back after termination of the tenancy agreement
   • the landlord’s contact details
   • contact details of the Meldpunt goed verhuurderschap Maastricht (municipal reporting centre for problems with landlords): meldpunt@goedverhuurderschapmaastricht.nl
   • service costs: a full breakdown of the costs
6. The landlord may only charge service costs that comply with the legal rules.
7. The letting agency may not charge the tenant any mediation fees.

Defects

• In the case of a defect that falls under the landlord’s obligation to repair, tenants must notify their landlord of this in writing. Landlords must fix the defect within a reasonable time (with a maximum of six weeks) after receiving the tenant’s written notification.
• If the six weeks pass, tenants should contact the Huurteam Zuid-Limburg (HTZL), and you may be able to get a temporary reduction in rent.