Legislator Case Law & Legislation
ECLI:NL:RBAMS:2017:2374 ECLI:NL:RBAMS:2017:2374 AI generated

Court terminates lease and orders tenant eviction while granting tenant a 10% rent reduction for defects.

Case Number ECLI:NL:RBAMS:2017:2374
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court terminated the lease agreement and ordered the defendants to vacate the premises within three months. While the landlord successfully claimed termination and possession, the court granted the tenant's counterclaim for a 10% rent reduction due to property defects. Consequently, the tenant must repay the excess rent paid after the reduction date, and the defendants bear the litigation costs.

Legislator headnote

AI generated

Art. 7:410 BW; Art. 7:411 BW: The court terminates the lease upon breach of use restrictions and orders eviction, while simultaneously granting a proportional rent reduction for defects to balance the parties' interests.

Keywords

AI generated
lease termination eviction order rent reduction property defects tenant liability possession transfer litigation costs

Cited Legislation

AI generated
Art. 7:410 BW
Art. 7:411 BW
Art. 555 Rv
Art. 444 Rv
artikel 7:226 BW
artikel 556 lid 1 Rv
AI generated

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