In Dutch - Court of Amsterdam 'Landlord abuses separate corporate identity'

Translated from the Dutch press release by the Court of Amsterdam:

In August 2023, a tenancy agreement was concluded between Stichting Haciënda Beheer as landlord and a tenant regarding a room in a property in the center of Amsterdam. The tenant has issued a summons against the defendants, a father and son, because he claims they unlawfully frustrated his recovery options. The father owns the property and was the (indirect) director of the Foundation until he transferred the management to his son in September 2024. In October 2024, the son dissolved the Foundation through a fast-track liquidation (turbo-liquidatie). By judgment of December 4, 2024, the Foundation was ordered to pay over 12,000 euros in undue rent to the tenant. Because the Foundation has been dissolved, the tenant can no longer recover this debt. According to the tenant, the defendants used a complex corporate structure to create a smokescreen in order to evade their payment obligations. The subdistrict court judge rules that the defendants abused the distinct identity between themselves as individuals and the various legal entities. They are therefore held personally liable and are ordered to pay the unduly paid rent.

https://www.rechtspraak.nl/organisatie-en-contact/organisatie/rechtbanken/rechtbank-amsterdam/nieuws/2026/07/het-oordeel-verhuurder-maakt-misbruik-van-entiteitsverschil

Rb. Amsterdam (ktr.) 3 juli 2026, ECLI:NL:RBAMS:2026:6701

Posted Jul 13, 2026, 10:41 AM UTC

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