Overdue maintenance on a rental home: what can you do?

The bucket under the leaking ceiling is still there. The window frame does not close, mould is spreading across the bedroom wall, and the landlord says someone will come to take a look soon. If you have been living like this for months, another one-off message is of little help. When dealing with overdue maintenance in a rental property, what matters most is what you can prove.

In principle, a landlord must repair serious defects and carry out major maintenance. The tenant remains responsible for minor, daily repairs and for damage caused by the tenant. If repairs are not carried out, you can contact the landlord in writing and investigate whether a temporary rent reduction, repairs through the courts, or compensation is possible.

What is overdue maintenance?

Deferred maintenance occurs when necessary maintenance is delayed for too long, causing the quality, safety, or usability of the home to deteriorate. Examples include a leaking roof, rotten window frames, a defective central heating system, serious damp problems, broken sewage, or a malfunctioning ventilation system.

Where is the border? An outdated kitchen that you can still use normally does not entitle you to replacement simply because of its age. However, if water leaks from a worn fixed pipe in the same kitchen and seeps into the wall, then you can request repairs. Describe in your report what goes wrong during use. A photo of the water under the connection tells more than just stating that the kitchen is old.

The more detailed explanation regarding types of defects, evidence, and the Defects Book can be found on our page about defects in a rental propertyThis blog focuses specifically on maintenance that remains undone after repeated reports.

Overdue maintenance on a rental property: who has to pay?

The general rule is straightforward: the landlord bears the costs of major maintenance and the repair of defects not caused by the tenant. Minor repairs are usually at the tenant's expense, provided they are simple to carry out at limited cost. The precise division depends on the type of repair and the cause.

Are you unsure who is responsible? The maintenance allocation of the central government and the Minor Repairs Decree provide guidance. Technical investigation is often necessary in cases of damp and mold, because structural causes and occupant behavior can overlap.

Putting the landlord in default: start with a good notice

A phone call can initiate a repair, but it is weak evidence. Therefore, report the problem by email or letter. In practice, tenants often refer to this as putting the landlord in default. Legally, the initial notification does not always have to be a formal notice of default, but a clear letter requesting repair and setting a reasonable timeframe makes your case much stronger.

What do you put in the letter?

1. Describe each defect separately. Do not just write 'the house is poorly maintained', but for example: 'Since August 12, water has been leaking along the bedroom window frame when it rains.'
2. Explain the consequences. Mention unusable spaces, cold, odors, mold, damaged items, or health complaints without claiming more than you can prove.
3. Add evidence. Include photos, videos, measurement data, and previous messages. Save the original files with the date.
4. Ask specifically for restoration. Request an inspection date and a written schedule. Provide a timeframe commensurate with the severity of the problem.
5. Save the shipment. Save the email, delivery confirmation, or registered letter. If you use a tenant portal, also save screenshots and confirmations.

On our page about a notification of defects to the landlord You will find a sample letter and an explanation of the next steps. Always adapt a sample to your property, dates, and previous reports.

How long does the landlord have to rectify the situation?

There is no single statutory repair time limit for every defect. A heating system failing in the middle of winter requires faster action than peeling paint. The time limit must be reasonable given the severity, the risk, the availability of parts, and the work required.

The well-known six-week period applies primarily to the route to the Rent Commission. For proceedings concerning serious defects, the landlord must, in principle, be given six weeks to resolve the problem after the written notification. If the landlord states in writing, before that period expires, that they refuse to make repairs, it may be possible to assess the next steps sooner.

Is your report marked as 'resolved' in the tenant portal, even though it is leaking again after the repair? Reply to the original report with the repair number, the visit date, and a photo of the new leak. Ask what emergency measures are possible and on what date the cause will be rectified. This way, you document that the first repair did not solve the problem.

Overdue maintenance on a rental home: which step is appropriate?

The right approach depends on your rental segment and what you want to achieve. A rent reduction is different from enforcing repairs. Similarly, compensation for damaged items requires different substantiation than a temporary rent reduction.

In the case of social housing and many mid-market rental contracts, the Rent Commission can assess whether serious defects justify a temporary rent reduction. The The Rent Commission establishes the maintenance procedure and the terms and conditions on its website.

In the private sector, the role of the Rent Commission is more limited. While it can sometimes provide advice, a sub-district court judge is frequently required for a binding decision regarding repairs, rent reduction, or damages. Therefore, first determine which route is appropriate for the contract and the claim.

Rent reduction in case of deferred maintenance

In the event of a serious defect, the rent may be temporarily reduced for as long as the problem persists. This is not a penalty for the landlord, but a correction because the dwelling does not fully provide the living comfort for which rent is paid. The severity category and the consequences for the use of the dwelling are decisive.

If a tenant initiates the Rent Commission procedure within six months of reporting defects and is found to be in the right, the lower rent can in principle take effect on the first day of the month following that report. If the case is started later, retroactive effect via this route is generally limited to a maximum of six months prior to the submission of the request.

A different assessment may apply before the sub-district court. Article 7:207 of the Civil Code offers scope for a proportionate rent reduction from the day on which the landlord was properly notified of the defect, or was already sufficiently aware of the defect. This remains a case-by-case assessment: the judge considers the case file, the severity, and the period during which the enjoyment of the dwelling was actually diminished.

Would you like to have it assessed whether this suits your situation? Then read how our procedure for rent reduction due to defects works. In a recent case, a former tenant received a rent reduction of over 9.000 euros following proceedings before the subdistrict court. The success story about rent reduction after moving also shows why lowering the rent yourself in advance was risky.

Are you allowed to pay less rent yourself?

Do not lower the rent on your own initiative. Even if the maintenance is serious, the agreed rent remains due until there is a valid agreement, ruling, or other legally defensible ground for reduction. The landlord may claim the withheld amount as rent arrears and attach collection costs or legal proceedings to it.

Suspension or set-off may be legally possible under certain circumstances, but the conditions and risks are strict. Have this assessed in advance. Anyone seeking to enforce repairs is generally in a stronger position with a complete file and the correct claim than with a sudden suspension of payments.

Are you allowed to have the defect repaired yourself?

If the landlord is in default regarding repairs following a proper notification, the law may, under certain conditions, allow you to arrange for the defect to be remedied and recover reasonable costs. That sounds simpler than it is. Disputes may arise regarding the repair period, the chosen contractor, the necessity of the work, and the amount of the costs.

Therefore, request quotes in advance, give the landlord one last clear opportunity to respond, and document the condition before and after the repair. For extensive or costly work, legal advice is advisable before awarding a contract or settling any amounts.

Rent reduction, damages, and compensation are not the same.

A lower rent compensates for the reduced use of the home. Damages relate to concrete damage, such as a floor destroyed by a leak, additional living expenses, or demonstrable expenditures. To claim damages, you must not only prove the damage but often also the connection to the defect and why the landlord is liable for it.

Anyone unable to use a room for months may have several questions at once: is the landlord required to make repairs, can the rent be lowered, and can extra costs be recovered? Our explanation regarding rent reduction and compensation for reduced enjoyment of the home Put those differences side by side.

This is how you build a usable maintenance file

A good file doesn't have to be thick. Above all, it needs to be logical. Create a single timeline with the date the defect started, all reports, technician visits, promised repair dates, and what still didn't work afterwards.

• Take overview photos and detail photos, preferably from the same angle on different dates.
• Save original photo and video files; forwarded images sometimes lose date information.
• Record measurements for moisture or cold, but also mention which device you used.
• Ask mechanics for a work order or a brief description of the cause and the repair performed.
• Keep receipts for emergency measures, cleaning, replacement, or temporary accommodation.
• Use medical information only when it is truly relevant and do not share more personal data than necessary.

A recurring leak is a good example. Sealing an edge with sealant can temporarily hide the complaint, while the structural cause remains. Photos from multiple times, work orders, and a clear timeline then show that it was not a single incident.

Frequently asked questions about overdue maintenance