Landlord vs tenant maintenance duties: the complete 2026 guide

Who pays for boiler servicing? Who is responsible when mould appears? Who arranges exterior painting? Maintenance duties in Dutch rental properties are the most common source of conflict between landlord and tenant. At the same time, it is one of the best-regulated topics legally: the Besluit kleine herstellingen (Minor Repairs Decree) (a general administrative order under article 7:217 of the Dutch Civil Code) lists exactly what counts as minor maintenance.

This guide walks through the legal framework, the practical division per item, the grey areas, and how to prevent disputes with a solid maintenance matrix in your tenancy agreement.

The legal basis: BW 7:217 + Besluit kleine herstellingen

Article 7:217 of the Dutch Civil Code states it concisely: "The tenant is obliged to carry out the minor repairs to the rented property, unless these have become necessary due to inadequate maintenance by the landlord."

What exactly counts as "minor" is set out in the general administrative order Besluit kleine herstellingen (Stb. 2003, 168). It contains a detailed list under six categories:

1. Whitewashing ceilings and interior walls
2. Painting and wallpapering indoors
3. Keeping openings, windows and gutters at ground level clean
4. Upkeep of gardens, terrace and balcony
5. Replacing or repairing small fittings and locks
6. Replacing light bulbs, switches and sockets

Anything not covered is for the landlord.

The rule of thumb: three criteria

For every piece of damage or maintenance, check three things:

1. Who caused it?

   • Tenant caused it (through their own actions) → tenant pays
   • Landlord or natural wear and tear → landlord pays

2. How large is the cost / task?

   • Small (per the Besluit kleine herstellingen) → tenant
   • Large, specialist, or more expensive → landlord

3. Is it structural or incidental?

   • Structural item (boiler, roof, window frames) → landlord
   • Incidental / consumable item → tenant

The breakdown per item

Structural

Heating and water

Also read our separate article Boiler maintenance: who pays what? for the details.

Electrics

Sanitary fittings

Locks and fittings

Garden and outdoor space

Grey areas where disputes arise

Mould: tenant or landlord?

The classic dispute. The law says: structural problem = landlord, behavioural problem from tenant = tenant.

When in doubt, have a structural inspection carried out. A report from an independent expert (~€300-500) is almost always decisive at the Huurcommissie (Rent Tribunal) or court.

Wear and tear versus damage

Wear from normal use = landlord. Damage caused by tenant = tenant.

Appliances in furnished lettings

For furnished lettings (where the fridge, washing machine, dishwasher are provided by the landlord):

• Faults from normal use: landlord
• Maintenance (cleaning filters, descaling): tenant
• End-of-life replacement: landlord
• Damage from misuse (filter not cleaned): tenant

For soft furnishings or contents that the tenant buys themselves: the tenant bears everything.

Maintenance matrix in the tenancy agreement

The #1 way to prevent disputes is an explicit maintenance matrix in the tenancy agreement. Our 2026 tenancy agreement guide describes all 14 required components, of which the maintenance matrix is one.

A good matrix contains at minimum:

1. Reference to the Besluit kleine herstellingen as the basis
2. A table with the ~15 most common items
3. Who pays the contractor (the landlord is often practical but bills minor maintenance through to the tenant)
4. Procedure in case of doubt (first discuss, then Huurcommissie)

Energy label and maintenance obligations 2026

Since 2025, landlords have had additional obligations around energy-related maintenance. Read our article on energy label obligations for landlords for the details.

In short:

• Landlords are required to have a valid energy label for every new letting
• Mechanical ventilation must be checked annually
• For label E or worse, a letting ban may be introduced from 2030 (legislative proposal)

Resolving disputes

Step 1: Written request

For a maintenance complaint, the tenant sends a registered letter with:

• Description of the problem
• When it was first reported
• A deadline for repair (reasonable: 4-6 weeks for non-urgent, 1-2 days for urgent)
• Reservation: if no action is taken, tenant will go to the Huurcommissie

Step 2: Huurcommissie (Rent Tribunal)

The Huurcommissie specialises in tenant-landlord disputes. Procedure:

• Cost: €25 for tenant, €475 for landlord (winner gets it refunded)
• Lead time: 4-6 months
• Decision: binding, with appeal only at the subdistrict court within 8 weeks

For deficient maintenance, the Huurcommissie can:

• Order a temporary rent reduction of 20-40%
• Force the landlord to repair within a set deadline
• Impose fines

Step 3: Subdistrict court

Only for disputes above €25,000 or complex legal questions. Lead time 6-12 months, costs considerably higher.

Action plan: how to handle this as a landlord

1. Inventory each property in its current state with photos
2. Draw up a multi-year maintenance plan (MOP) for all properties
3. Schedule annual maintenance (boiler, ventilation, gutter, paintwork)
4. Reserve 1.5-2% of WOZ value per year for maintenance
5. For every new letting: update the maintenance matrix in the contract
6. Communicate proactively with tenants about planned maintenance
7. Respond quickly to reports (written reply within 5 working days)

The three most common mistakes

1. Postponing maintenance

"The tap drips slightly, it can wait" becomes water damage three months later. Doing maintenance quickly prevents large costs and tenancy disputes.

2. No maintenance matrix in the contract

Without an explicit matrix, any doubt automatically falls in the tenant's favour. A good matrix removes most cases up front.

3. Reactive instead of proactive

Landlords who wait until a report comes in pay on average 30% more in maintenance than landlords who follow a fixed annual plan. Moreover, reactive cases escalate to the Huurcommissie more often.

Conclusion

Maintenance duties in Dutch rental properties are fairly well regulated by law, but the Besluit kleine herstellingen is detailed enough that many landlords and tenants do not know the rules by heart. A few clear principles (major maintenance landlord, minor maintenance tenant, damage by tenant = tenant), supplemented by an explicit maintenance matrix in every contract, prevents the vast majority of disputes.

What we see at Propty: landlords who automate their maintenance (annual boiler inspections scheduled, MOP per property, reporting route via tenant portal) have significantly fewer disputes than landlords who do everything reactively. It saves not only costs, but also time and stress.

Book a short demo to see how maintenance management works in a dashboard, or read about boiler responsibility if that is your specific concern.