Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBAMS:2018:9617
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 7:294 BW
Art. 14.5 lease agreement
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text