Rental problems? Get free advice from lawyers


Questioner

Hello, I was offered my current home on November 26, I had no hot water until the end of November, and the heating was set too high (central heating boiler) I already sent a letter to the housing association in November, asking if I could get rent compensation, so far no response, but I did receive the bill for my old home!!!! Also, my front door can only be closed without a draft if it is on the rocks, then the wind still blows through, which means my heater is not off for a second, they send me with both problems with the cupboard after the wall. Fortunately, I have had hot water for a while now, but I have been without it for more than 4 weeks, what should I do now??? Greetings Ellen

Lawyer

Below you will find general information about various possibilities. In your case, it seems to me (after the letter of defects, see below) that suspending (part of) the rent is a good means of pressure. In case of maintenance problems, you should first contact the landlord, preferably by registered letter via a so-called defect letter with a demand to remedy the defect within 14 days and to announce what measures you will otherwise take. If that does not work, you can still get the landlord to take action in various ways. - Carry out maintenance or repairs yourself - Postpone rent payment - File a complaint with the municipality - Initiate proceedings with the court - To the rent assessment committee You can have the court authorise you to carry out the maintenance at the landlord's expense; You can also carry out the maintenance or repairs yourself at the landlord's expense without court authorisation. You then claim the costs incurred back from your landlord or offset them against the rent. The costs must be reasonable. In doing so, you run the risk of being held liable by the landlord for breach of contract. You can postpone the payment of rent until the landlord has fulfilled his obligations. You can do this without the intervention of a judge, lawyer, Rent Assessment Committee or municipality. To do this, you send the landlord a letter in which you invoke article 6:52 or 6:262 (authority to investigate) of the Civil Code. If the landlord has carried out the maintenance work or repairs, you must pay the suspended rent retroactively. If you are considering this step, it is best to obtain legal advice in advance. You can file a complaint with your municipality about overdue maintenance. Based on the Housing Act, the Mayor and Aldermen can then send the landlord a letter (the municipal notice) in which they call on him to repair the home. If the landlord does not do so, the municipality can have the work carried out. The costs are then for the landlord. For more information about this approach, you can contact the Building and Housing Supervision (or Building and Living) department of your municipality. You can start legal proceedings to force the landlord to repair your home. If the landlord fails to do so, the court will impose a penalty on the landlord. You can also ask the court to partially terminate the lease within 6 months of sending the letter of defects to the landlord. You will then pay less or no rent until the maintenance has been carried out. You can request the rent assessment committee to reduce rent due to defects (not retroactively) until they are remedied. Furthermore, a complaint to the municipality is possible if there are health or safety aspects (e.g. mold). You may also be entitled to a rent reduction/compensation (retroactively). The law stipulates this in articles 7:207 and 7:208 BW: 7:207 paragraph 1. In the event of a reduction in the enjoyment of the property due to a defect, the tenant may claim a proportionate reduction in the rent from the day on which he properly notified the landlord of the defect or on which the defect was already sufficiently known to take measures, until the day on which the defect was remedied. 7:208. Without prejudice to the consequences of non-compliance with the obligation of Article 206, the lessor is obliged to compensate for damage caused by a defect if the defect arose after the agreement was entered into and can be attributed to him, as well as if the defect was present when the agreement was entered into and the lessor knew or should have known of it at the time, or informed the lessee at the time that the item did not have the defect. For assistance, you can contact one of the rental law attorneys here directly, without obligation, e.g. via the 'direct contact' link that you will see with this answer if you are logged in. I'm happy to help you with this.

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