Repair costs for tenant or landlord?


Questioner

Last Thursday, November 4th, my son noticed in his rental house (apartment in Amsterdam)) that at the lowered ceiling (already in the rental house) there was a crack in the plaster/stucco. My son informed the landlord of this with a photo of it via WhatsApp. The landlord indicated that the photo shows a crack in the plasterwork and the information they have is that there is no leakage. It looks like shrinkage cracks or loose plasterwork. The landlord also sent an attachment Maintenance Guide in which under the heading 'ceiling and ceiling finish (continued) and plasterwork' it states that with 'self-employment' it is the tenant's responsibility to repair this. He also provided a link to the government website (wetten.overheid.nl) and also read in article b that minor (shrinkage) cracks are the tenant's responsibility. I disagree as the crack is well over 50cm long and I see this as part of major maintenance for the landlord. There is nothing hanging in the loose part or something that has been done by the tenant. How should I, together with my son, take up/deal with this further and can you give me legal advice on this? Is my son (if this falls under tenant) obliged to proceed with repairs? Thanks in advance, Kind regards,

Lawyer

The decision on minor repairs states that filling and repairing shrinkage cracks must be at the tenant's expense. I don't see that it is different in this case. Have you read a ruling on this?

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