Lease Agreement Nullity in Rotterdam: What You Need to Know
A lease agreement in Rotterdam may be null and void if it does not meet statutory requirements or contains unfair provisions. Nullity renders the agreement (partially) invalid. This article discusses when a lease agreement is null and void, relevant laws and what to do in Rotterdam, with locations such as the Rotterdam District Court (Wilhelminaplein 100-125) and the Legal Aid Office Rotterdam (Westblaak 180).
What is a Null and Void Lease Agreement in Rotterdam?
A null and void lease agreement has no effect from the outset. Reasons:
- Missing formal requirements, such as no signature.
- Contrary to law or public order.
- Mistake, fraud or threat at the time of conclusion.
- Unfair clauses, such as excessively high penalties for Rotterdam tenants.
Nullity versus Dissolution
With nullity, the agreement was never valid; with dissolution, it was valid but ends later, e.g., due to termination.
| Aspect | Nullity | Dissolution |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Violation of law, mistake | Termination, breach of contract |
| Consequences | No obligations anymore | Ends on date |
Statutory Basis for Nullity
Based on DCC and Balanced Tenancy Act:
- Art. 3:34 DCC: Contrary to law/public order.
- Art. 3:40 DCC: Mistake/fraud.
- Art. 3:41 DCC: Threat.
- Art. 7:901 DCC: Invalid general terms and conditions.
- Art. 7:902 DCC: Disproportionate burdens on tenant.
- Art. 7:904 DCC: Essential information missing.
- Art. 7:912 DCC: Contrary to Balanced Tenancy Act.
Balanced Tenancy Act in Rotterdam
The Balanced Tenancy Act protects Rotterdam tenants against null and void clauses such as:
- Restrictions on maintenance/renovation.
- Unlimited access for landlord.
- Unreasonable cost obligations.
Examples of Null and Void Provisions in Rotterdam
1. Essential Information Missing
No rent price, period, names/addresses or property description (e.g., address in Rotterdam).
2. Unfair Costs
Clause making the tenant liable for major repairs is null and void pursuant to the Balanced Tenancy Act.
3. Service Charges Rotterdam
Provision imposing fixed service charges without specification is null and void.
What to Do in Case of a Null and Void Lease Agreement in Rotterdam?
- Check the agreement for nullity.
- Contact Legal Aid Office Rotterdam, Westblaak 180 for free advice.
- Proceed to Rotterdam District Court, Wilhelminaplein 100-125 for proceedings.
- Consider the Rotterdam Tenancy Team for rent price check.
Tip: Keep all correspondence. For urgent matters, call the Legal Aid Office directly.