Legislator Case Law & Legislation
ECLI:NL:RBAMS:2020:561 ECLI:NL:RBAMS:2020:561 AI generated

Tenant eviction allowed; penalty clause in lease voided as unfair under consumer protection law.

Case Number ECLI:NL:RBAMS:2020:561
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ordered the tenant to vacate the property and pay usage fees but rejected the claim for a penalty based on drug cultivation. The landlord argued the lease clause allowed for a ten-month rent penalty for any criminal activity, while the tenant contended the clause was unfair. The court ruled that because the tenant is a consumer, the broad and disproportionate penalty clause must be deemed unfair and void under EU and Dutch law.

Legislator headnote

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Art. 6:24 BW; Art. 6:25 BW; Art. 6:26 BW: A penalty clause in a standard consumer contract is void if it is unfair due to its excessive scope or lack of proportionality to the breach.

Keywords

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unfair contract terms consumer protection lease termination penalty clause eviction order proportionality test standard terms

Cited Legislation

AI generated
Art. 6:24 BW
Art. 6:25 BW
Art. 6:26 BW
HR 13 september 2013, ECLI:NL:HR:2013:691

Cited Case Law

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