ECLI:NL:RBAMS:2017:4369
ECLI:NL:RBAMS:2017:4369
AI generated
Landlord ordered to repair unsafe terrace and pay tenant rent reduction for habitability defect.
Legislator summary
AI generatedThe court ordered the landlord to repair the unsafe terrace and reduced the tenant's rent to €181.39 monthly until repairs were completed. The tenant argued for a lower rent based on property valuation, but the court applied the defect book's 40% reduction rule instead. This approach ensures the landlord has financial incentive to fix the defect while protecting the tenant's right to safe use.
Legislator headnote
AI generatedArt. 7:293 BW; Art. 7:294 BW: The landlord is liable for defects affecting safety or use; rent reduction follows the defect book's percentage, not property valuation, to incentivize repairs.
Keywords
AI generated
landlord liability
habitable premises
rent reduction
defect book
repair obligation
safety defect
lease agreement
Cited Legislation
AI generatedArt. 7:293 BW
Art. 7:294 BW
Cited Case Law
AI generatedNJ 1993/582
Related Decisions
AI generatedECLI:NL:RBLIM:2024:572
Homeowners' association wins short proceedings to remove unauthorized rooftop terrace and pay daily penalty.
ECLI:NL:RBNHO:2021:11737
Court dismisses VvE claims but awards buyer damages for seller's misrepresentation regarding terrace rights.
ECLI:NL:RBOVE:2021:2122
ECLI:NL:RBOVE:2021:2122 Rechtbank Overijssel , 26-05-2021 / C/08/246813 / HA ZA 20-152
ECLI:NL:RBDHA:2025:24498
Court dismisses neighbor's removal claim for rooftop terrace based on prior written permission and VvE approval.
ECLI:NL:RBUTR:2012:BX1226
Court dismisses claims against HOA for noise and damage, finding no fault or legal duty to sue neighbor.