Concept of 'accessibility' in gutter maintenance of rental properties.

Questioner

Can you expect a tenant to have a ladder or a stepladder? This has to do with the concept of 'accessibility'. In discussions between tenant and landlord, the landlord says that the tenant must pay for gutter maintenance. This is only the case if the gutters are accessible to the tenant. The question is what 'accessibility' is. The gutters are approximately 2.5 metres high. So can you expect a tenant to have a ladder or a stepladder? Because only then is the gutter accessible.

Lawyer

There are several factors that affect maintenance responsibilities, including the accessibility of the area to be maintained. In your case, it appears that the landlord wants the tenant to be responsible for maintaining the gutters. The definition of 'accessibility' in this context is however not precisely defined in Dutch law. It will normally be subject to reasonableness and fairness. In practice, the specific circumstances of the case will have to be considered. While one might reasonably expect a tenant to have basic tools, having a ladder, especially one that needs to be long enough to reach the gutters, is often not considered a basic expectation. In addition, the tenant’s physical ability to perform such tasks is considered important. It is also relevant to look at what is stated in your rental agreement. Some contracts state who is responsible for what type of maintenance. The rent committee may be able to help you in your case. This is an independent organisation that makes decisions on disputes between tenants and landlords. It may be wise to seek professional legal help to understand your exact position and possible next steps. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.