ECLI:NL:RBAMS:2017:1537
ECLI:NL:RBAMS:2017:1537
AI generated
Tenant ordered to vacate property due to prostitution use; penalty clause rejected as unreasonably burdensome.
Netherlands (NL)
Legislator summary
AI generatedThe court ordered the tenant to vacate the rental property by June 1, 2017, following police reports of prostitution activities conducted from the premises. While the landlord's claim for eviction and unpaid rent was upheld, the specific penalty clause of €5,000 for subletting or allowing third-party use was rejected as unreasonably burdensome. The tenant was held liable for the remaining rent arrears and future rent until actual eviction.
Legislator headnote
AI generatedArt. 7:410 BW; Art. 7:411 BW: A fixed penalty clause for subletting or allowing third-party use is unreasonably burdensome if it imposes a high sum independent of the nature of the breach, thereby preventing the tenant from recovering possession.
Keywords
AI generated
rental eviction
prostitution use
unreasonable penalty
subletting clause
third party use
vacate property
rent arrears
Cited Legislation
AI generatedArt. 7:410 BW
Art. 7:411 BW
Related Decisions
AI generatedECLI:NL:RBAMS:2013:8024
Landlord wins eviction for tenant using rental property for prostitution in violation of lease terms.
ECLI:NL:RBAMS:2025:6497
Landlord eviction claim dismissed for illegitimate use and subletting due to disproportionality and lack of proof.
ECLI:NL:RBZWB:2023:3938
Landlord terminates tenancy for illegal prostitution activities; tenant held liable for third-party conduct.
ECLI:NL:RBAMS:2019:4087
Tenant evicted for subletting; court rejects damages and rent arrears claims due to lack of evidence.
ECLI:NL:RBAMS:2026:6286
Landlord granted summary eviction against trustee due to unpermitted occupants and drug activity violations.