Penalty clause for keeping a dog

Questioner

We rented an apartment where the contract states that pets are not allowed. After a chance visit from the project manager, he discovered that we have a pet and sent an email in which he indicated that we had to arrange another accommodation within 5 days for our dog or else he will start the penalty clause. See under.. “a fine of €20.00 for each calendar day that the violation continues, in the event of a violation of article 1 (use), 9 (garden), 13.1 and 13.2 (reporting damage) 14.1 (common areas), 14.3 sub a (pets, where this article should be read as a. in or near the rented property (to keep pets because pets are not allowed), 14.4 (nuisance), 21.1 and 21.2 (security deposit) of the general terms and conditions with a maximum of € 4,000.00 without prejudice his obligation to still fulfil this obligation and without prejudice to the lessors right to (additional) compensation; b. a fine of €35.00 for each calendar day that the violation continues, in the event of a violation” We have of course asked for some leniency, partly because our dog does not cause any nuisance at all. and that no one complains at all in the complex where we live. In addition, there are several residents with a pet that is not addressed on this and the landlord also says that he will not do so there if it is found, it will also be enforced in these people. We emigrated and I came to the Netherlands before my wife and the intention was to put our dog up for adoption and with that train of thought I also signed the contract. However, at the point that I came to the Netherlands this has so much emotional impact that this was very negative for my wife's peace of mind. We adopted our dog on the advice of our doctor because this would help my wife's stress level. So the dog is of important emotional value to my wife and of course to me. If the landlord really does insist on his position, what is the maximum fine he can collect?

Lawyer

Such a clause is sometimes set aside in case law and a breach of it is certainly not sufficient to terminate a rental contract. This provision is in conflict with the fundamental right to housing and to organize your life and quality of life, but is legally valid due to freedom of contract. Ultimately, in the event of a permanent conflict, the subdistrict court will have to make a trade-off for you and for the landlord. Keeping a small dog does not seem to me to seriously soil the house and there is also no noise pollution. These are the most important reasons to include a provision like this. The landlord will have to be convinced that the balancing of interests will not be in his favor given the case law. You can contact me for this via info@rechtinjestad.nl.