Landlord remains in default


Questioner

Since February I live in a new apartment in an existing building (was an office above a shop, but is now apartments), but a lot of things are still not in order while I have to pay the full rent. I have already spoken to the landlord about this several times. He knows about it and is working on it, he says, but I still don't see any results. I actually think that I don't have to pay the full rent as long as a number of basic things are not in order. The most important things that have not been arranged are: - No washing machine connection, so I can't do any washing. - Windows have not been replaced yet; the current ones have holes and it rains and blows in. The new windows have been ready since the end of February, but according to the landlord, the company in question does not have time to install them. This causes a draft and in strong winds and rain, it rains in. There are holes in the wooden frames - Interior doors (bathroom, bedroom, hallway) have not yet been installed, as was promised - No internet and no TV connection - The floor is not insulated/there is no ceiling underneath, which makes the floor freezing cold There are also a number of smaller things such as no mailbox, no house number, kitchen leakage that are not yet in order, but I think these are less important than the above points. All these shortcomings make it uncomfortable and unhealthy to live in. I can't get the house warm and have no idea what this means for the heating costs, but I currently have no control over this due to the shortcomings mentioned. It is even so that my children do not want to stay here because they do not feel comfortable here. I think that the landlord is in default and that I do not have to pay the full rent. The rent is €1250 + €25 service costs. At the moment this is not in proportion to what I get. I would therefore like to propose that I pay less rent until the above points are resolved. The advance payment for gas, water and electricity is €125. I am happy to continue paying this, but I do not want a retrospective assessment because I have had to heat a lot. I've told him several times, the last time 3 weeks ago, but nothing concrete has happened since then. What can I do? I would like to adjust the rent amount downwards until everything is resolved and I do not want a surcharge for heating costs, but how do I go about this and to what extent am I within my rights? I would really appreciate it if you could help me. I can't keep this up much longer, but I don't have anywhere else to go. Kind regards,

Lawyer

Those are quite a few shortcomings and I can imagine that you want to do something about the situation as quickly as possible. In these cases, the landlord is often obliged to repair the defects that are necessary for normal use of the rented property (unless the damage was caused by the tenant, for example). If this is not done (in time), there is a possibility to reduce the rent (proportionally). This is regulated in art. 7:206 and 7:207 of the Civil Code. It is important to know exactly what is stated in the rental agreement and what may have been agreed between you and the tenant. You can contact me without obligation via my profile to discuss the possibilities and your questions.

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