Defects

Defects in the leased property- commercial space and other space

In the case of commercial space and other space that do not fall under residential accommodation, what is considered a defect and what is not can be included in the lease. The lessor is limited herein because only defects that the lessor did not know or should have known at the start of the lease can be excluded.

If repair is impossible or requires expenses that cannot reasonably be required of a lessor, the lessor need not carry out the repair. However, these are exceptional cases.

Defects in the rented property – living space

All limitations of the rental enjoyment that are not imputable to the tenant constitute a defect. If the tenant so requests, the landlord is in principle obliged to repair a defect in the rented object, regardless of the cause for which it originated (provided that this cannot be attributed to the tenant).

If repair is impossible or requires expenses that cannot reasonably be required of a lessor, the lessor need not carry out the repair. However, these are exceptional cases.

The tenant must take care of small repairs that fall under the normal tenants’ maintenance. This list of small repairs to be carried out by the tenant can be found in the Minor Repairs (Tenant’s Liability) Decree: http://wetten.overheid.nl/BWBR0014931/2003-08-01

In the case of living space, the landlord must rectify any defects which do not appear in the Minor Repairs (Tenant’s Liability) Decree and for which the tenant is not responsible, as soon as he receives a notification of the defect from the tenant.

The landlord and the tenant can contractually exclude certain defects, but a tenant can always destroy such a clause and invoke the duty of repair in the law.