Should Parking Contracts Be Qualified As A Lease?

Author:Mr Mathijs Jansen
Profession:Loyens & Loeff
 
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When you drive into a multi-storey or underground car park, you are likely to park in the first convenient space you find. If you have a parking contract with the car park operator, that space is known as an 'undesignated parking space'. The question is how to qualify such a parking contract.

It is generally assumed that it is not a lease agreement, as that requires that the right of use pertains to a clearly demarcated property. A recent decision by the Dordrecht subdistrict court breaks with this approach, however.

The case concerned a car park in which the Municipality of Dordrecht granted the defendant a right to use 100 parking spaces for a reasonable fee. No specific parking spaces were designated, just a right to use 100 random spaces in the car park. The court ruled that a specific (immovable) item or object as a property is not a requirement for the existence of a lease. The subdistrict court noted that the legislative history of tenancy law also does not support the position that the right to use a non-specific part of an...

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