Eviction due to a cannabis plant? Discover your rights


Questioner

Can you be evicted if you have 1 small cannabis plant on your balcony?

Lawyer

What is important is what is stated in the rental agreement. Many housing associations have a 'zero tolerance' policy with regard to cannabis cultivation and strictly enforce the prohibitions in the rental agreement. Ultimately, the subdistrict court judge will have to decide whether the presence of a cannabis plant justifies the termination of the rental agreement. If the rental agreement states that it is prohibited to have cannabis plates in the rented property, the presence of one small cannabis plant may also lead to the termination of the rental agreement. If it states that it is forbidden to grow hemp in the rented property, the presence of a small cannabis plant will not, in my opinion, justify the termination. The termination is justified if there is a serious shortcoming in the fulfilment of the lease agreement. In my opinion, in your case there is no question of cannabis cultivation. It concerns a small plant, intended for personal use. Moreover, the cultivation of this plant will not cause any (odour) nuisance to neighbours or damage to the rented property. I believe that the presence of a single cannabis plant on the balcony cannot lead to termination of the lease agreement under the aforementioned provision.

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