Can the presence of drugs in a building be grounds for terminating a lease ? This was the subject of a case recently heard by the subdistrict court of the Northern Netherlands.
What was happening? Police received a report of a suspicious situation at a commercial property. Officers investigated and found the tenant of the building with several other people. Speed and cannabis were also found. One of the occupants was arrested.
Bad tenant
The landlord is unhappy with the situation and subsequently denies the tenant access to the property. He also changes the locks. The landlord claims the tenant has behaved like a “bad tenant” and therefore believes he has the right to terminate the lease. The tenant disagrees. He believes the landlord should grant him access to the business premises again and demands compensation for the damages suffered.
No ban
Ultimately, the subdistrict court ruled in the tenant’s favor, finding that the mere presence of a small amount of drugs is insufficient to establish “poor tenancy.” After all, there are no additional circumstances, such as causing a nuisance or dangerous situations. The court also noted that the lease agreement does not prohibit the presence of drugs in the commercial property.
Compensate for damages
The landlord should not have simply changed the locks to the commercial space, and according to the subdistrict court, there are no grounds for terminating the lease. Therefore, the landlord is ordered to allow the tenant back into the premises. Furthermore, the landlord must compensate the tenant for any damages he has suffered.
Contractual obligation
A key conclusion from this ruling is that it’s wise to explicitly state in a rental agreement that drug possession in the property is prohibited. This increases the landlord’s chances of terminating the lease if drugs are found to be present in the property. In that case, a contractual obligation would be breached. If a penalty clause is also included, a landlord also has a stronger financial position vis-à-vis the tenant. Want to know more about this topic? Contact RechtNet Advocaten at info@rechtnet.nl or call 073-6154311 .