Landlord Obliged to Make Changes in Case of Rental Problems

Questioner

Good afternoon, I live in a private rental property in Breda. My landlord is in contact with me through my real estate agent. I've lived here for over two years now and have a terrible problem with damp and mold in my house. The areas are several meters in size. In the morning, the windows are also soaking wet on the inside. Furthermore, I don't have windows in my bedroom or bathroom, which makes it incredibly damp there as well. I've contacted the real estate agent numerous times about this, but the most they've done is remove the mold. I naturally want the cause of the problem addressed, especially because I suffer from asthma, which will only make things worse this way. The real estate agent recently sent a technician to look at this, and he indicated that the window was single-pane and had no ventilation strips. This urgently needed replacing, and he said he would inform the landlord. This was done, but he simply stated that he had no intention of doing so. Can I legally force him to do this anyway? This isn't a healthy situation.

Questioner

I've noticed that your real estate agent handles contact with the landlord. Does your real estate agent also represent the landlord? The landlord is obligated to repair defects in the rented property. If this is not possible through consultation, I advise you to send the landlord a written demand to repair the defects. If necessary, you can withhold part of the rent. If the landlord still does not fulfil his obligations, he can be forced to do so by the court. Do you have any questions? Please feel free to ask.

Questioner

The landlord is obligated to remedy domestic defects. However, in your case, as long as the landlord hasn't been given notice of default, you can't do anything. After this notice of default, the landlord has six weeks to remedy the defect. If they don't, you can demand a rent reduction and have the defect repaired at their expense. If you have any questions, please don't hesitate to ask.

Questioner

Thank you! What exactly do you mean when you ask whether the agent acts on behalf of the landlord? I have never had any contact with my landlord, other than transferring my rent to him. Furthermore, the broker acts as an intermediary.

Questioner

I read that the real estate agent sent a technician and I conclude that the technician inspected the property on behalf of the landlord. Is that correct? If that's correct then that's remarkable, because that's your broker, right?

Questioner

Dear Herman, I don't know exactly how it works regarding their contact/role. I asked through the real estate agent if someone could come by, and I think she asked the landlord to send someone. A technician did indeed come by and said he would report it to the landlord and the real estate agent. My real estate agent then told me that the landlord had no intention of fixing the problems and that "I should just open the window a bit more often now that summer is coming."

Questioner

The broker is the property manager Mr. Albersen.

Questioner

In addition to the previously stated requirement to send a written notice of default, you can also state in this letter that after the default date (the date after the reasonable period your landlord grants to at least begin working on the actual solution) you can also suspend part of the rent, and sometimes even the entire rent if the problem/defect is detrimental to your health, as a last resort. As I understand it, significant work is expected that the landlord may postpone, such as new window frames and double glazing. However, you can also demand a rent reduction if enforcing the necessary work is beyond the landlord's control. Another question: is your rent above or below the private sector rent limit? Otherwise, you can also contact the Rent Assessment Committee.

Questioner

I did indeed contact the rent assessment committee, but unfortunately, I'm not eligible. Thanks for the advice, I'll write a letter!