Tenant wins lease dispute over insufficient insulation in historic building requiring specific repairs.
Sintesi Legislator
Generato dall'IAThe 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.
Regesto Legislator
Generato dall'IAArt. 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.