ECLI:NL:RBAMS:2018:1090
ECLI:NL:RBAMS:2018:1090
AI generated
Tenant eviction granted; penalty clause for cannabis cultivation deemed potentially unfair but not yet actionable in summary proceedings.
Legislator summary
AI generatedThe court ordered the tenant to vacate the rental property and restore it to the landlord's possession due to unauthorized cannabis cultivation. While the landlord argued the specific penalty clause was unfair under Dutch consumer law, the court found the legal debate regarding this clause insufficiently crystallized for a summary judgment. Consequently, the eviction order was upheld, but the claim for the specific monetary penalty was dismissed pending further litigation.
Legislator headnote
AI generatedArt. 6:2 BW; Art. 7:10 BW; Art. 6:229 BW: A penalty clause in a lease agreement may be deemed unfair if it creates a significant imbalance, but its unfairness must be substantiated with sufficient legal clarity to warrant immediate relief in summary proceedings.
Keywords
AI generated
unfair contract terms
summary proceedings
cannabis cultivation
lease termination
penalty clause
consumer protection
summary judgment
Cited Legislation
AI generatedArt. 6:2 BW
Art. 7:10 BW
Art. 6:229 BW
Cited Case Law
AI generatedECLI:NL:GHAMS:2017:215372
ECLI:NL:HR:2017:2275
Dutch Supreme Court voids lower court ruling on unfair subletting clause due to cumulative penalty effects violating EU Directive.
Hof van Justitie 21 april 2016, zaaknr. C-377/14
Related Decisions
AI generatedECLI:NL:RBAMS:2020:561
Tenant eviction allowed; penalty clause in lease voided as unfair under consumer protection law.
ECLI:NL:RBAMS:2021:973
Tenant evicted and ordered to pay arrears and damages for marijuana cultivation and water damage.
ECLI:NL:RBAMS:2026:6393
Court declares unfair rent increase clause void and orders landlord to provide payment records for refund.
ECLI:NL:RBDHA:2020:1463
Landlord granted urgent eviction for tenant's commercial cannabis cultivation violating lease purpose.
ECLI:NL:RBLIM:2018:7390
Landlord terminates tenancy for illegal cannabis cultivation; tenant ordered to vacate and pay arrears.