A leaking roof, persistent mold or a broken heating system can directly affect a company. But who is responsible, and what can you expect as a tenant? In this article we explain in plain language when there is a defect, what you can ask from the landlord and what steps you can take yourself.
What is a “defect” in practice?
Call something a defect if the rented property does not offer the use and comfort that you as a tenant could reasonably expect when signing the contract. This concerns, for example:
Physical defects: leaks, cracks, broken installations (central heating, air conditioning, electricity).
Hygiene and health problems: mold due to inadequate ventilation, odor nuisance due to defective drainage.
Safety issues: problems with fire safety or unstable construction parts.
External circumstances that are related to the building and are not attributable to you (e.g. structural water infiltration from the roof or facade).
Small use and maintenance matters (such as lamps, batteries, bleeding radiators or a tap leather) usually fall under minor daily maintenance of the tenant. Structural or major problems are the responsibility of the landlord.
What can you expect from the landlord?
Proper repair: In the event of a reported defect, the landlord must have it repaired within a reasonable period.
Suitability for agreed use: a restaurant must be able to ventilate and extract air; a store must be dry and safe.
Transparent communication: clear feedback about planning, accessibility of technicians and temporary measures.
What can you do in the event of a defect? (Step-by-step plan)
Report and record
Report the defect immediately in writing (e-mail) with a brief description, date and photos/video.
Ask for confirmation and planning of repair.
Proof collect
Take photos of damage and keep a log (data, nuisance, turnover impact).
Save quotes, invoices and correspondence.
Insist on temporary emergency measures
Consider emergency sealing, dehumidification, temporary heater, relocation of workplaces.
Ask for (temporary) rent reduction
If use is noticeably limited (part of the building unusable, loss of turnover due to closure), request temporary discount or compensation for missed usability.
Substantiate damage
Bring loss of turnover and additional costs identified (e.g. replacement workplace, emergency storage, disposal of stock due to water damage).
If necessary, have it repaired yourself (only with good substantiation)
Is the landlord not responding despite repeated requests and is the damage or safety risk acute? Then - after written notice - engage a professional company for an emergency repair yourself and forward the invoice. Do this carefully and proportionately.
Negotiate or escalate
Can't reach an agreement? Engage a tenancy lawyer for a formal letter, proposal for rent reduction or a procedure.
When is the landlord usually not liable?
Damage due to incorrect use or negligence of the tenant (e.g. water damage due to own renovation).
Small, normal use matters that are part of the tenant's daily maintenance
Practical examples
Catering business with roof leakage: water entered the business during every downpour; kitchen partly closed. After written notification and photos, emergency sealing was applied, structural repairs followed and a period of rental reduction was agreed plus a contribution to loss of turnover. Shop with broken central heating: shop space was too cold for staff and the public for a week. The landlord had the installation repaired and gave rental discount for the disruption period.
Office with mold: Inadequate ventilation led to mold formation. After a specialist's report, ventilation ducts were cleaned, grilles were added and the walls were treated; In addition, part of the costs incurred was reimbursed
Checklist for entrepreneurs
📸 Photos & video: record at first detection and in case of aggravation.
✉️ Report in writing: send email with clear description, proof and desired period.
🧾 Save everything: quotations, invoices, service receipts, turnover figures for damage substantiation.
🧰 Emergency measures: ask for temporary solutions in case of acute discomfort or risk.
💬 Agree on paper: recovery plan, terms, possible rent reduction or compensation.
⚖️ Legal assistance: in case of failure to recover or discussion about liability.
Frequently asked questions (FAQ)
1. Do I have to continue paying the full rent if part of the property is unusable?
You can request temporary rent reduction as long as the defect limits use. Record this well and make agreements with the landlord.
2. Can I call a technician myself and forward the costs?
Only if it is urgent, you have first reported the defect in writing and the lessor does not act in a timely manner. Announce this in advance by email and choose a proportional solution.
3. Will I also receive compensation for loss of turnover?
In the event of demonstrable loss that results directly from the defect, compensation is often justifiable. Support this with figures and evidence.
4. Is mold my responsibility or that of the landlord?
If mold arises due to inadequate ventilation or construction, then the ball is usually in the landlord's court. If it concerns normal maintenance (e.g. insufficient ventilation during use), it may be the responsibility of the tenant. Research and documentation are important.
5. How quickly must the landlord respond?
“Reasonably quickly”, depending on the severity. In the event of a leak, you expect immediate emergency measures and then structural repairs within an appropriate period.
Why Arslan Advocaten?
Practical and fast: we guarantee emergency measures, repair agreements and - where necessary - rent reduction or compensation.
Strong in evidence building: we help with documentation, numerical substantiation and a process strategy.
Experienced in negotiation and litigation: quick action often prevents more serious steps.
Conclusion
If a defect affects your business operations, you can expect repair and workable use. If the landlord does not respond or responds too late, then rent reduction and compensation are often realistic options. Record everything, act on time and call for help if things get stuck.