ECLI:NL:RBAMS:2016:1037
ECLI:NL:RBAMS:2016:1037
AI generated
Court orders tenant to vacate premises and pay arrears, penalty, and future rent for breach of lease.
Netherlands (NL)
Legislator summary
AI generatedThe court ordered Toni & Guy to vacate the leased commercial space and pay outstanding rent, a penalty, and future monthly installments. The tenant argued that the penalty clause was unreasonably high, but the court rejected this, finding a logical interpretation where a minimum monthly penalty applies regardless of the number of missed payments. Consequently, the plaintiff's claims for possession and monetary damages were upheld, while the request for out-of-court collection costs was dismissed due to insufficient pleading.
Legislator headnote
AI generatedArt. 7:290 BW; Art. 6:218 BW: A landlord may terminate a lease for non-payment and claim damages, including a penalty calculated on a monthly basis, provided the clause is not manifestly unreasonable.
Keywords
AI generated
commercial lease termination
non-payment of rent
penalty clause interpretation
eviction order
future rent liability
Cited Legislation
AI generatedArt. 7:290 BW
Art. 6:218 BW
Art. 555 e.v. jo. 444 Rv
artikel 7:290 BW
artikel 7:204 BW
artikel 556 lid 1 Rv
Cited Case Law
AI generatedRelated Decisions
AI generatedECLI:NL:RBDHA:2017:1271
Landlord wins summary judgment for eviction and rent arrears against tenants who breached payment agreement.
ECLI:NL:RBAMS:2025:8219
Landlord terminates lease for rent arrears; tenant's renovation claim dismissed; landlord wins mostly.
ECLI:NL:RBOBR:2018:5522
Administrative court dismisses appeal against property tax assessment based on valuation of a historic shop in city center.
ECLI:NL:RBROT:2020:3732
Landlord's eviction claim dismissed due to arrears cured after service; collection costs rejected for insufficient notice.
ECLI:NL:RBGEL:2023:1982
Landlord wins rent arrears case against tenant for failure to provide evidence of payment defense.