Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBAMS:2017:4369
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 7:293 BW
Art. 7:294 BW

Cited Case Law

AI generated
NJ 1993/582
AI generated

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