For general information, see Government of the Netherlands information on rented housing.
A leaking roof, persistent mold or a broken heating system can directly impact a business. But who is responsible, and what may you as a tenant expect? In this article, we explain in plain language when there is a defect, what you may ask the landlord and which steps you can take yourself.
What is a “defect” in practice?
Call something a defect if the rented premises does not provide the use and comfort that you as a tenant could reasonably expect when signing the contract. For example:
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Physical defects: leaks, cracks, broken installations (central heating, air conditioning, electrical).
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Hygiene- and health problems: mold from inadequate ventilation, odor nuisance from a defective drain.
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Safety issues: problems with fire safety or unstable structural elements.
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External circumstances that are related to the property and not your fault (e.g., structural water infiltration from the roof or the facade).
Minor use and maintenance tasks (think of light bulbs, batteries, bleeding radiators, or a faucet washer) usually fall under minor daily maintenance of the tenant. Structural or major problems fall under the responsibility of the landlord.
What can you expect from the landlord?
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Proper repair: when a defect is reported, the landlord must repair (or have it repaired) within a reasonable time.
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Suitability for the agreed use: a restaurant must be able to ventilate and extract; a shop must be dry and safe.
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Transparent communication: clear feedback on scheduling, availability of technicians, and temporary measures.
What can you do in case of a defect? (Step-by-step plan)
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Report and document
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Report the defect directly in writing (e-mail) with a brief description, date and photos/video.
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Ask for confirmation and scheduling of repairs.
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Collect evidence
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Take photos of damage and keep a logbook with (dates, nuisance, revenue impact).
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Keep quotes, invoices and correspondence.
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Press for temporary emergency measures
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Consider emergency sealing, dehumidification, a temporary heater, relocating workstations.
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Request (temporary) rent reduction
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If use is significantly limited (part of the premises unusable, loss of revenue due to closure), ask temporary discount or compensation for loss of use.
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Substantiate losses
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Map loss of revenue and additional costs out (e.g., alternative workplace, emergency storage, discarding inventory due to water damage).
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If necessary, have it repaired yourself (only with good justification)
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Does the landlord fail to respond despite repeated requests, and is the damage or safety risk acute? Then — after written notice — hire a professional company yourself for an emergency repair and forward the invoice. Do this carefully and proportionately.
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Negotiate or escalate
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Can’t resolve it? Engage a tenancy law attorney for a formal letter, a proposal for rent reduction, or legal proceedings.
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When is the landlord usually not liable?
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Damage due to improper use or negligence by the tenant (e.g. water damage due to the tenant’s own renovation).
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Minor, normal wear-and-tear items that fall under the tenant’s day-to-day maintenance.
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Business risks that are independent of the premises (e.g. declining demand, seasonal influences).
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When it is clearly agreed in the contract that certain maintenance items are for the tenant’s account (note: “major” defects generally remain a landlord’s obligation).
Real-world examples
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Hospitality business with roof leak: during every downpour, water entered the premises; kitchen partially closed. After written notice and photos, an emergency seal was applied, structural repair followed, and a period rent reduction agreed upon plus a compensation for lost revenue.
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Shop with broken central heating: the retail space was too cold for staff and customers for a week. The landlord had the system repaired and gave rent discount for the period of the malfunction.
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Office with mold: inadequate ventilation led to mold growth. After a specialist’s report, ventilation ducts were cleaned, vents were added, and the walls were treated; in addition, a portion of the costs incurred was reimbursed.
Checklist for entrepreneurs
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📸 Photos & video: document at first observation and upon worsening.
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✉️ Report in writing: send an email with a clear description, evidence, and the desired timeframe.
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🧾 Keep everything: quotes, invoices, service receipts, revenue figures to support a damage claim.
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🧰 Emergency measures: ask for temporary solutions in case of acute discomfort or risk.
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💬 Put it in writing: repair plan, timelines, any rent reduction or compensation.
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⚖️ Legal assistance: if repairs are not carried out or there is a dispute about liability.
Frequently Asked Questions (FAQ)
1. Do I have to continue paying the full rent if part of the premises is unusable?
You can request a temporary rent reduction as long as the defect limits the use. Document this properly and make arrangements with the landlord.
2. May I call a technician myself and pass on the costs?
Only if it is urgent is, you first the defect in writing have reported and the landlord not in time takes action. Announce this in advance by e-mail and choose a proportional solution.
3. Do I also receive compensation for loss of revenue?
In the case of demonstrable loss that directly results from the defect, a compensation often defensible. Substantiate this with figures and evidence.
4. Does mold fall under my responsibility or the landlord’s?
If mold arises due to inadequate ventilation or construction, it generally lies with the landlord. If it concerns routine maintenance (e.g., insufficient ventilation during use), it may lie with the tenant lie. Investigation and documentation are important.
5. How quickly must the landlord respond?
“Fairly quickly,” depending on the severity. In case of a leak, you expect immediate emergency measures and then structural repair within a reasonable timeframe.
Why Arslan Advocaten?
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Practical and fast: we ensure emergency measures, repair agreements and — where necessary — rent reduction or compensation.
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Strong in building a case: we help with documentation, numerical substantiation and a litigation strategy.
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Experienced in negotiation and litigation: acting quickly often prevents more drastic measures.
Conclusion
If a defect affects your business operations, you are entitled to repairs and functional use . If the landlord does not respond or responds too late, then rent reduction and compensation are often realistic options. Document everything, act promptly, and enlist help if things stall.
Frequently Asked Questions
What should I do if I discover a defect in my commercial premises?
You should report the defect in writing with a detailed description, date, and photos or videos, then request confirmation and a repair schedule from your landlord. Keep detailed records of all communications and evidence related to the defect.
What types of defects are typically the landlord’s responsibility to fix?
Structural issues, major repairs like leaking roofs, mold, broken heating systems, and safety concerns such as fire safety problems are usually the landlord’s responsibility. Minor maintenance tasks, like changing light bulbs or batteries, are generally the tenant’s duty.
Can I take emergency measures if my landlord does not respond to a defect?
Yes, if the defect poses an immediate safety risk and the landlord is unresponsive, you can hire a professional for emergency repairs after giving written notice and then forward the invoice for reimbursement, but this should be done carefully and proportionately.
Am I entitled to a rent reduction if my business is affected by a defect?
If the defect significantly limits your use of the premises or causes loss of revenue, you can request a temporary rent reduction or compensation for the loss of use, supported by evidence of damages and additional costs incurred.
