Your landlord is legally obliged to remedy defects in your home (article 7:206 of the Civil Code). If he does not, you can claim a rent reduction for the entire period during which you were affected (article 7:207 of the Civil Code). But you must first report the defect in writing, and after that a six-month time limit applies from the day after your report (article 7:257 of the Civil Code). If you wait longer, you lose the right to a reduction over that period.

What you can do now

1. Report the defect in writing today: by email or registered letter, with a date.
2. Take dated photos, and keep moisture readings, reports and messages from repair technicians.
3. Set a reasonable deadline for repairs in your letter and state that otherwise you will claim a rent reduction.
4. Note the date of your report in your diary, plus the day six months later.
5. Keep paying the full rent until a court or the Huurcommissie (Rent Tribunal) has ruled.

When is it a defect and when is it my own problem?

A defect is any circumstance not attributable to you that prevents you from having the enjoyment of the home you were entitled to expect when the tenancy agreement was concluded (article 7:204(2) of the Civil Code). Leaks, damp, mould caused by a structural problem, a broken central heating system and serious draughts generally fall under this. If the mould has developed because you never ventilate, the situation is different: damage you cause yourself is at your expense (article 7:218 of the Civil Code). With damp, the discussion therefore almost always revolves around the cause, and that is where evidence wins you the case. How to conduct that discussion in the case of mould is explained in mould in your rented home: what must the landlord do?

Do I have to report the defect in writing first?

Yes — without a report to your landlord, nothing starts running. You are in fact obliged to report a defect without delay; if you do not, you may be liable for the damage that became greater as a result of that delay (article 7:222 of the Civil Code). The rent reduction only starts on the day on which you properly reported the defect, or on which the landlord already knew enough about it to act (article 7:207(1) of the Civil Code). A phone call is legally valid, but you cannot prove it later. So do it in writing.

How much rent reduction can I get and where do I apply for it?

You can claim a reduction proportionate to the loss of enjoyment of the home, over the period from your report until the day on which the defect was remedied (article 7:207(1) of the Civil Code). For regulated rented homes you can go to the Huurcommissie for this; it works with fixed categories and percentages. If your home does not fall under that, the claim goes through the subdistrict court. Important: the Huurcommissie may only help you if your landlord has not remedied the defect within six weeks of your report (article 7:257(2) of the Civil Code).

What exactly does that six-month time limit mean?

You must file your claim or your application within six months of the start of the day following the day on which you reported the defect to your landlord (article 7:257(1) and (2) of the Civil Code). This is a strict time limit (vervaltermijn), not a limitation period: you cannot interrupt it with a reminder letter. If you are too late, your right to a reduction is not entirely lost, but you can claim no more than six months back into the past, counted from the moment you do start (article 7:257(3) of the Civil Code). With a defect that lasts for months or years, that makes a big difference in money.

By way of illustration. In March, a tenant reports a leak in the ceiling by email. The landlord keeps promising that someone will come, but nothing happens. In November, the tenant decides to take action. The defect still exists, but the six-month period after the report has expired, so he can only claim back a limited period in the past. This is an example situation illustrating the rule, not a case handled by our firm.

May I have repairs carried out myself at the landlord’s expense?

Yes, but only once your landlord is in default: you may then carry out the repair yourself and recover the reasonable costs from him, if you wish by deducting them from the rent (article 7:206(3) of the Civil Code). Default generally arises because you have given him a reasonable deadline in writing and that deadline has passed without action. Always ask for a quotation in advance and keep all receipts. This right cannot be derogated from to your detriment, so a clause in your tenancy agreement that excludes it will not stand.

Which repairs are my responsibility as a tenant?

Minor repairs are at your expense, unless they became necessary because the landlord did not fulfil his repair obligation (article 7:217 of the Civil Code). Which repairs count as minor is laid down by order in council, and this cannot be derogated from to your detriment (article 7:240 of the Civil Code). Think of a tap washer, a blockage in the drain that you can clear yourself, or tightening a door handle. A central heating boiler that breaks down and a leaking roof are not among them: those are for the landlord.

When things go wrong

• You lower the rent yourself. That is not allowed. You must claim the reduction through the court or the Huurcommissie; if you do it on your own initiative, you build up rent arrears with dissolution of the tenancy as a risk (see ECLI:NL:RBZWB:2024:8827).
• You only report verbally. The landlord later denies that he knew, and your reduction only starts from the date you can prove.
• You wait for the next promise. Every month you wait costs money, because the six-month period keeps running while the landlord strings you along.

More background on renting and letting can be found on our page on tenancy law.

Consult a lawyer

Unsure whether your situation involves a defect, or is your time limit running out? Call 070 450 0300 or send your documents via arslan.nl/contact. The first consultation is free of charge and confidential. We have six offices and can also help you in Turkish, Polish and English.

Tenancy law in your city. Municipalities have their own service desks and tenant support teams for overdue maintenance. What applies in your city: Tenancy lawyer The Hague · Tenancy lawyer Rotterdam · Tenancy lawyer Utrecht. The full overview can be found on our page on tenancy law.