Examples of Common Void Clauses in Rotterdam's Rental Sector
From prohibitions on subletting to excessive deposit conditions in Rotterdam: discover common void clauses and how to challenge them for fair rental terms in Delfshaven or Kop van Zuid.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam's rental market, with its vibrant neighborhoods such as Delfshaven and Kop van Zuid, void clauses frequently appear that unfairly benefit landlords. A classic example is a provision requiring tenants to pay all repair costs, whereas Article 7:243 of the Dutch Civil Code (BW) stipulates that the landlord is responsible for major maintenance. Indexation clauses that deviate from the legal guidelines of the Rent Commission are also void in Rotterdam, particularly given the municipality's strict controls on usurious rates.
Other examples include: a prohibition on tenants performing painting work without permission, or automatic rent increases without indexation. Clauses that exclude tenants from statutory notice periods or allow landlords to deduct outstanding claims from the deposit exceeding the legal limit of two months' rent are systematically annulled by Rotterdam's cantonal judges. In room rental agreements – common among students at Erasmus University – joint and several liability for all housemates is often void due to conflict with reasonableness and fairness.
The Rent Commission and the Municipality of Rotterdam publish lists of 'blacklisted' clauses, with special attention to the overheated markets in Kralingen and Feijenoord. Landlords risk additional assessments and fines from the municipality if they persist in using void clauses. Tenants can challenge these clauses through a procedure-free letter to the landlord or by summons in the Rotterdam cantonal court. Always keep evidence such as the contract, payment receipts, and correspondence with housing corporations like Woonbron or Vestia. This helps avoid disputes and safeguards your rights in this dynamic port city.