Consequences of Void Clauses in Rental Contracts in Delft

Void clauses in rental contracts in Delft can have far-reaching consequences for the validity of the entire tenancy agreement. According to Article 6:248(2) of the Dutch Civil Code (Burgerlijk Wetboek, BW), the contract remains in force unless the nullity affects the core of the agreement. This means that only the specific clause is void, while the rest of the contract remains valid. However, in cases of multiple void clauses, the subdistrict court in The Hague, which has jurisdiction over Delft, may declare the entire contract void, particularly if it is unbalanced to the detriment of the tenant—a common issue in Delft's tight rental market with many student accommodations. In practice in Delft, such clauses often lead to disputes before the Rent Tribunal (Huurcommissie) or the District Court of The Hague. A landlord who includes a void service charge clause in a contract for a property on Nieuwe Langendijk must refund the excess payments with statutory interest. Tenants can demand annulment through the Rent Tribunal or the subdistrict court, especially for properties in the historic city center where maintenance costs are strictly regulated. It is crucial to take timely action: nullity does not expire, but claims for repayment do after five years. For example, a clause imposing a deposit exceeding the legal limit of two months' rent for a room in the TU Delft area will be struck out without terminating the contract. Landlords in Delft must review contracts for void clauses to avoid fines or claims, particularly given the strict enforcement by the municipality on unfair terms in the popular student and expat segments. Tenants often win cases if clauses conflict with the Higher Education and Research Act (Wet op het hoger onderwijs en wetenschappelijk onderzoek, Whw), such as prohibitions on subletting without permission, which are relevant for room rentals around the Technical University. Local tenant support teams in Delft offer free advice. Always consult a legal professional for specific cases in this region.