Mould in a rented home can be a defect that the landlord must remedy. This applies in particular where damp is caused by a leak, a structural problem or inadequate ventilation facilities. Simply painting over it does not solve the cause. Separate conditions apply to a rent reduction and to compensation for damaged belongings.
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Written by Ömür Arslan, attorney at Arslan Advocaten (tenancy law). Registered in the specialisation register of the Netherlands Bar for tenancy law and social security law.
Black patches behind the wardrobe, a musty bedroom or mould that keeps coming back around the window: it often starts small. A well-prepared file makes clear whether there is a maintenance backlog and which solution you can demand.
Who is responsible for mould in a rented home
The cause is decisive. A leaking roof or a faulty ventilation system is generally the landlord’s responsibility. The tenant must use the home normally and carry out minor maintenance work that is at the tenant’s expense. Think of keeping ventilation grilles accessible and clean.
The mere remark that you should ventilate more often does not prove that the problem is caused by your behaviour. Conversely, a photo of mould does not automatically prove that the landlord is liable. Ask for an investigation into damp, ventilation capacity, thermal bridges and possible leaks. Keep a record of how you ventilate and heat the home. That turns a discussion about assumptions into a conversation about verifiable facts.
Reporting mould to the landlord
Report the mould to the landlord in writing and, where applicable, to the property manager as well. State in which rooms the patches are, since when you have noticed them and whether they are growing. Include overview photos and close-up photos. Ask for an investigation into the cause and a lasting repair. Keep proof of sending and all replies.
A useful report also describes the consequences. Can the bedroom no longer be used normally? Is a wardrobe becoming damp? Has a previously treated wall been affected again? Offer specific times at which an inspection is possible. The landlord must, however, be given the opportunity to investigate and remedy the problem.
When is a rent reduction possible
In the case of serious defects, a temporary reduction of the basic rent may be appropriate. What matters is the severity and duration of the restriction on your enjoyment of the home. Not every discolouration or damp patch entitles you to a rent reduction.
For social housing and mid-rent homes, the Rent Tribunal (Huurcommissie) may offer a route. Normally the landlord is first given six weeks after your written report to repair the defect. For a private-sector home, the Rent Tribunal only gives advice on maintenance disputes if the parties have agreed to use this route; an enforceable decision may require the subdistrict court judge (kantonrechter). See the explanation from the Rent Tribunal on maintenance defects.
Read the step-by-step plan for a rent reduction for defects for the report, supporting documents and possible effective date. With the Rent Tribunal, the time of filing partly determines how far back the rent reduction can apply. So do not wait unnecessarily before submitting a request. For the procedure, costs and next steps, also read how you can bring your case to the Rent Tribunal.
Requesting repairs and compensation
A rent reduction does not repair the home. If the landlord fails to act, you can separately demand repairs and, if necessary, ask for a court order. In urgent cases, interim relief proceedings (kort geding) may be appropriate. Read how you can enforce repairs if the landlord does not carry them out. For an assessment of your own file, you can contact our tenancy lawyers.
Damage to furniture, clothing or other belongings requires its own substantiation. Keep receipts, photos of the damage and information about the likely cause. Also report the damage to your insurer. The fact that the landlord must carry out maintenance does not automatically mean that all consequential damage is for the landlord’s account.
Structural damp or inadequate ventilation
With mould in a rented home, cause and effect are easily confused. An occupant sees black patches and the landlord sees condensation on the window. Both observations may be correct without establishing who is responsible. A cold external wall, for example, may become damp more quickly, while inadequate ventilation makes the problem worse. So do not just ask the investigator whether there is damp, but what is causing it and which measures will keep the home dry under normal use.
Also have it recorded which facilities are present. Does the mechanical extraction in the bathroom and kitchen work? Can the ventilation grilles actually be opened? Is there any trace of water along the roof or the façade? Advice to keep windows open permanently is something different from a reasoned finding that the existing ventilation is adequate. Ask for a written report with findings, measurement conditions and proposed repair work.
A mould file that goes beyond loose photos
Each time, take an overview photo in which the entire wall is recognisable and a close-up photo of the same spot. Note the date, the room and any changes since the previous photo. Keep the original files. A selection with clear file names is more useful to an inspector or a court than hundreds of unsorted screenshots.
Supplement the images with an overview of your reports and of how the home is used. Write down when the extraction fails, whether a grille is stuck and which advice you have followed. A simple moisture meter can make trends visible; present the readings as supplementary information and not as an expert report. If a technician has stated that a fan is faulty, ask for the job sheet. Precisely such a specific document can help in assessing a general accusation about ventilation.
Mould behind furniture and in a bedroom
Mould behind a wardrobe can develop against a cold external wall, but the placement of furniture can also affect air circulation. So record how much space there is behind the piece of furniture and whether similar patches occur on uncovered parts of the wall. If necessary, move the furniture to limit further damage, after you have photographed the original situation.
For a bedroom, describe what the practical restriction is. Merely reporting that the room is “unhealthy” gives little information about the tenancy dispute. State, for example, that the bed can no longer stand against the affected wall, that bedding becomes damp or that you are temporarily sleeping in another room. Have medical complaints assessed by a healthcare provider; tenancy proceedings do not in themselves establish a medical cause. Share only the medical information that is needed for your claim.
Example of a useful repair request
A report might read, for example: “Since [date] there has been mould on the external wall of [room]. I reported this on [earlier dates]. After the treatment on [date], the patches returned. Please find enclosed photos and the earlier job sheet. I ask you to have the cause investigated and to let me know in writing which lasting repair measures you will carry out and when. I am available for an inspection on [times].”
Only add consequences that you can explain. Ask for a response within a period that matches the severity; deal with an acute problem separately. This sample text is a starting point for a report. Whether a formal notice of default is also needed depends on the step you want to take, earlier arrangements and the circumstances. Keep the letter you sent and proof of receipt.
If the landlord only wants to clean or paint over it
An initial cleaning treatment can be useful to remove visible growth. With recurring mould, however, it must become clear whether the cause is also being tackled. So ask in advance what the treatment involves, what check will follow and what the landlord will do if the patches return. After the work has been done, take new photos of the same spots.
Do not refuse every repair visit without explanation because you doubt the proposed approach. That may give rise to a dispute about your cooperation. Confirm that you are granting access, but that you are also asking for an investigation into the cause. If experts disagree on the substance, compare their investigation questions and findings. A quote for anti-mould paint, for example, does not answer the same question as a structural survey into damp in the façade.
Damage to clothing, furniture and floor coverings
Draw up a separate list of damage stating, for each item, the date of purchase, the original price, the damage and any cleaning or repair costs. Also state what has already been reimbursed by an insurer. The amount you once paid is not automatically the amount you are now entitled to. Factors such as age, repair options and the link with the damp problem may play a role.
Do not throw damaged belongings away immediately if they can still be safely kept for inspection. If they must be disposed of, carefully record why this was necessary and their condition. For costly damage, ask for an independent assessment before incurring major expenses. This claim requires more than showing that the home has mould: the damage, the causal link and the legal liability must also be substantiated.
Example situation with recurring mould
Suppose a tenant reports mould in two bedrooms in November. In December a maintenance company cleans the walls. In January the mould reappears and it turns out that the extraction is not working properly. The tenant keeps both job sheets, photos of each room and the original report. This is a fictitious example to show the difference between the possible requests.
The repair request focuses on working ventilation and the necessary treatment of the walls. The request for a rent reduction concerns the severity and duration of the reduced use of the bedrooms. A claim for damaged clothing in turn requires its own evidence. The outcome of one part does not automatically determine the other parts. It is precisely this separation that prevents a strong maintenance file from stalling on an insufficiently developed damage claim.
What you can put to a tenancy lawyer
For an initial assessment, send the tenancy agreement, the basic rent, the start date of the tenancy, your first written report and the most important photos. Add inspection reports and a short description of the result you want. Do you mainly want quick repairs, compensation for a past period or a solution that allows you to live elsewhere? That choice affects the approach.
If you already have proceedings pending before the Rent Tribunal, also send the case number and all deadlines you have received. Do not start several proceedings on the same issue without a clear aim. Have it determined which requests belong together and where they should be submitted. For damp caused by water, you will find additional points of attention in leaks in a rented home. Has the damage to your contents been reported to an insurer and rejected? Then you will find additional points of attention in water damage claims rejected by the insurer.
Frequently asked questions about mould in a rented home
Can I stop paying rent?
Do not stop all payments without an assessment. Suspending too much can lead to rent arrears. Have it determined which legal route and which amount suit your situation.
Do I have to remove the mould myself first?
First record the situation and report the problem. Ordinary cleaning may be at your expense, but structural damp problems call for an investigation. Discuss safe treatment with an expert.
Is a humidity meter sufficient evidence?
A series of readings can help, but does not in itself prove the cause. Combine readings with photos, information about how the home is used and an inspection report.
Can I still claim something after the repairs?
That may be possible, depending on the period, earlier reports and the applicable time limits. So also keep the repair date and the correspondence after the mould has gone.
Is mould automatically the tenant’s fault?
No. The cause must be investigated. Use of the home, ventilation facilities and structural circumstances can each contribute. Ask the landlord to substantiate specifically why he believes your behaviour is the cause, and record which advice you have followed.
Can I have an independent investigation carried out?
You can, but where possible agree the investigation question and the costs in advance. Give the landlord the opportunity to investigate and respond. The costs of your own expert are not automatically reimbursed. A report must be relevant to the problem and to the chosen procedure.
Do I have to replace my furniture before I can claim for damage?
A damage claim does not always require you to buy new furniture first. The damage must, however, be demonstrable and quantifiable. Gather photos, purchase details and, if necessary, a repair quote. Discuss with your insurer or the other party whether an inspection is needed before items are disposed of.
Is moving out the only solution for serious mould?
No. First investigate whether repairs are possible and which temporary measures are needed. Moving out permanently, temporary alternative accommodation and termination of the tenancy have different consequences. So do not immediately sign a termination agreement if what you actually want is to keep the home with proper repairs.
Sources and legal basis
- Dutch Civil Code, Book 7: including Article 204 (defect), Article 206 (landlord’s duty to repair) and Article 207 (rent reduction).
- Rent Tribunal on maintenance and defects.
- Volkshuisvesting Nederland on renting and housing.
- The Dutch judiciary on tenancy disputes.
Help with a mould dispute
Would you like to know whether you can ask for repairs, a rent reduction or compensation? Discuss your tenancy agreement, photos and reports with a tenancy lawyer at Arslan Advocaten. With a clear file, it can be assessed which step will actually solve your housing problem.
