Void Clauses in Rental Agreements in Rotterdam
A void clause in a rental agreement is a provision that is legally unenforceable and therefore does not apply, because it conflicts with the law, public morals or reasonableness and fairness. For tenants and landlords in Rotterdam, this can have a significant impact on the tenancy agreement. This article discusses what void clauses are, common examples in Rotterdam rental practice and your options at the Rechtbank Rotterdam (Wilhelminaplein 100-125) or the Juridisch Loket Rotterdam (Westblaak 180).
What is a void clause?
A void clause is a contractual provision that the court does not recognize due to conflict with the law or general legal principles. In Rotterdam tenancy law, it often concerns clauses that disproportionately disadvantage tenants, contravene the Housing Tenancy Act (Whw) or Goods Tenancy Act (Whz), or unreasonably restrict rights. Nullity arises automatically or at the request of a party. For example: a ban on pets in a Rotterdam property without legal basis is often void.
Legal basis
Important grounds for nullity in rental agreements:
- Art. 6:248 CC: Void if in conflict with the law or public morals.
- Art. 7:905 CC: Void if it unfairly disadvantages the tenant.
- Whw: Specific rules for residential premises; subletting ban may be void (art. 7:260 CC).
- Whz: For commercial rentals such as offices in Rotterdam-South, similar protections apply.
Examples of void clauses in Rotterdam
Practical examples from Rotterdam rental disputes:
1. Unfair disadvantage
Clauses that disproportionately harm the tenant:
- Exorbitant penalties: High fines for minor damage, such as water damage in a harbor building.
- Unjustified subletting ban: Void without risk to the property's integrity, relevant for Rotterdam subletting.
- Automatic rent increase: Outside statutory limits without consent.
2. Conflict with the law
- Pet ban: In Rotterdam often invalid without good reason (see local rental rules).
- Ban on minor modifications: Contrary to Whw, e.g., installation of energy-efficient appliances in older homes.
- Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.
3. Contrary to reasonableness and fairness
- Excessive deposit: More than 2 months' rent in Rotterdam practice often disproportionate.
- Unlimited termination right for landlord: Void without judicial review for residential premises.
- Automatic contract extension with rent increase: Unfair for social housing.
What to do in Rotterdam?
Doubtful about a clause? Contact Juridisch Loket Rotterdam (Westblaak 180) for free advice. For proceedings: Rechtbank Rotterdam (Wilhelminaplein 100-125). A void clause usually does not affect the rest of the contract, but have this confirmed.