Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBAMS:2018:1090
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 6:2 BW
Art. 7:10 BW
Art. 6:229 BW

Cited Case Law

AI generated
AI generated

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