Rent Increases and Void Indexation Clauses in Rotterdam

In Rotterdam, strict rules apply to rent increases under the Good Landlordship Act, particularly in districts such as Delfshaven and Kralingen, where tenants often deal with old contracts. A clause allowing automatic annual increases above the statutory index without the tenant's consent is void (Article 7:247 of the Dutch Civil Code). The maximum increase follows the rent index published by Statistics Netherlands (CBS) and may not exceed inflation plus 1% in the case of liberalised housing, which is crucial in the port city given its high real estate prices. For social housing provided by corporations such as Woonbron or Vestia, assessment by the Rent Tribunal is mandatory. Void terms, such as 'rent follows Rotterdam market developments,' are disregarded; only the statutory increase applies. Tenants in Rotterdam can lodge an objection within six weeks of notification via the Legal Counter Rotterdam or the Rent Team Roteb. Evidence of overpayment results in reimbursement with 6% interest, as recently confirmed in cases before the Rotterdam subdistrict court. Judges frequently annul clauses that link service charges, common in Rotterdam apartments, to rent increases. Landlords must request written consent for deviations. The consequence of voiding such clauses is that the rent remains at the previous level until a new agreement is reached. Local organisations such as the Rent Team Rotterdam and SP Rotterdam assist with calculations and procedures. Review your contract annually, especially given the pressure on the Rotterdam rental market, to file claims and avoid penalties.