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Distinguishing Major Repairs from Service Charges in Rijswijk

Distinguishing major maintenance (landlord’s responsibility) from service charges (tenant’s responsibility) in Rijswijk. Practical assessment by the Rent Tribunal, local MJOP, and objection procedures explained.

2 min leestijd

In Rijswijk, major repairs do not fall under rechargeable service charges but are the responsibility of the landlord (Article 7:206 of the Dutch Civil Code). This includes structural maintenance such as roof replacement, central heating system repairs, or foundation restoration in typical Rijswijk neighborhoods like Innen or Oud-Rijswijk, with costs exceeding €1,000 per intervention. Service charges are limited to minor maintenance, cleaning of communal areas, and green space management in parks such as Buytenpark. Landlords in Rijswijk are not permitted to pass on major maintenance costs through service charge items; doing so is unlawful and frequently occurs with housing corporations like Vidomes or Haag Wonen. Tenants can challenge this with the Rent Tribunal (Huurcommissie), which assesses compliance with the 'good landlord' standard through local inspections. Evidence can be provided through inspection reports, quote comparisons, or the municipality of Rijswijk’s Multi-Year Maintenance Plan (MJOP). If the distinction is upheld, the landlord bears the costs, and the tenant is not required to pay an advance. Disputes may escalate to the subdistrict court in The Hague, with landlords risking penalty payments. Tenancy agreements in Rijswijk often specify lists of minor versus major maintenance, in accordance with local housing regulations. Check the Multi-Year Maintenance Plan (MJOP) via the Rijswijk municipal website for scheduled works in your neighborhood. This helps prevent disputes and unexpected high bills, particularly in older complexes near the station. For new builds in areas like Willem Witsenplein, a 10-year indivisible maintenance period applies. Tenants with an option to purchase in Rijswijk may sometimes claim partial reimbursement through the municipality. Seek legal advice from the Legal Counter (Juridisch Loket) in Rijswijk if in doubt. This ensures costs are correctly separated, and you only pay your share in this green municipality.