If payment cannot be made due to the loss of income, then
\n there is not always a force majeure situation. The Court of Den Bosch 23
\n March 2020 (ECLI:NL:RBOBR:2020:1763) ruled that a tenant cannot appeal
\n to force majeure because of the corona crisis, because from the
\n commencement of the lease and therefore before the corona crisis
\n late payment of rent. The backlog was possible with the corona crisis
\n not be logged in. The lessor claimed the entire arrears,
\n plus fines for late payment. The court held as follows:<\/p>\n
\n “As far as[gedaagden] intended to appeal with their defence
\n financial inability or inability to pay, the inability to pay,
\n no matter how annoying[gedaagden] , in the risk sphere of[gedaagden] is
\n and not release them from their payment obligations under the
\n lease agreement[eisers] dismisses. The subdistrict court judge signs this
\n indicates that it is already too late from the start of the rental agreement
\n payments through[gedaagden] , while there was no corona at that time
\n crisis.”\n<\/p>\n<\/p>\n
\n The court rules that the claimed entire rent arrears and fine
\n will have to be paid.<\/p>\n
Perhaps the judgment would have been different if there had been no question at all
\n was from a late payment prior to the corona crisis and the
\n payment arrears are wholly and exclusively attributable to the
\n corona crisis.<\/p>\n
<\/p>\n
\n mr. AW Dolphijn \u2013 franchise lawyer
\n \n<\/p>\n