ECLI:NL:RBAMS:2018:9617
ECLI:NL:RBAMS:2018:9617
AI generated
Tenant successfully stops landlord from dividing common lobby space without consent under lease terms.
Legislator summary
AI generatedThe court granted Amstelkroon's request to prohibit Nitsba from dividing the common lobby and leasing half to a third party. The landlord had already made arrangements with Netflix before consulting the tenant, creating a risk that must be borne by the landlord. Consequently, the court ruled that the partition wall cannot be erected until the landlord's right to do so is confirmed in a separate bottom procedure.
Legislator headnote
AI generatedArt. 7:294 BW; Art. 14.5 lease agreement: A landlord cannot unilaterally divide common areas for exclusive use without tenant consent, and the tenant's rights are infringed if such division renders the space inaccessible.
Keywords
AI generated
lease agreement
common areas
exclusive use
tenant rights
landlord liability
partition wall
injunction order
Cited Legislation
AI generatedArt. 7:294 BW
Art. 14.5 lease agreement
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