Tenant wins lease dispute over insufficient insulation in historic building requiring specific repairs.
Legislator-Zusammenfassung
KI-generiertThe court ruled in favor of the tenant, ordering the landlord to perform specific insulation and window replacement repairs within four months. The tenant argued that single-pane windows and lack of roof insulation severely damaged their enjoyment of the home, despite the building's status as a national monument. The court rejected the landlord's defense that general insulation measures would be hindered, finding the specific defects constituted a breach of the lease agreement.
Legislator-Regeste
KI-generiertArt. 7:230 BW; Art. 7:240 BW: Where a leased property suffers from defects impairing enjoyment, the lessor must remedy them; a general claim for insulation does not preclude specific orders for window replacement when such measures are necessary to address severe cold and drafts.