Tenant granted access to burnt apartment; landlord's refusal to restore premises dismissed as not impossible.
Legislator summary
AI generatedThe court ordered the landlord to grant the tenant immediate access to the apartment following a fire that rendered it uninhabitable. While the tenant's claim for termination of the lease was allowed, the landlord's counterclaim for rent suspension was dismissed because restoring the property was not factually or financially impossible. The decision rests on the principle that the landlord's obligation to repair remains, preventing the tenant from being forced to pay rent during the restoration period.
Legislator headnote
AI generatedArticles 7:206 BW and 7:203 BW; The landlord's obligation to repair a damaged leased property does not cease merely because restoration is difficult, and the tenant cannot be held liable for rent if the landlord fails to restore the premises or make them available.