Void Clauses in Rental Agreements in Delft
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 Delft, a void clause can have major consequences for the tenancy agreement. In this article for Delft, we explain what void clauses are, common examples in the region, and what you can do. Contact Juridisch Loket Delft for free advice.
What is a void clause?
A void clause is an agreement in the tenancy agreement that the court does not recognize because it conflicts with the law or general legal principles. In Delft, under the jurisdiction of the Rechtbank Den Haag (district), it often concerns clauses that unfairly disadvantage tenants, in conflict with the Housing Rental Act (Whw) or Goods Rental Act (Whz), or that unreasonably restrict rights.
Voidness often occurs by operation of law or can be claimed. For example: a ban on pets in a Delft rental property without a statutory basis may be void.
Statutory basis in Delft
Main grounds for voidness:
- Article 6:248 CC: Conflicts with law or public morals.
- Article 7:905 CC: Unfair disadvantage to the tenant.
- Housing Rental Act (Whw): Specific rules; subletting ban may be void (art. 7:260 CC).
- Goods Rental Act (Whz): Similar protections apply to offices in Delft.
In Delft, the Rechtbank Den Haag handles rental disputes; recent cases show stricter scrutiny of unfair clauses.
Examples of void clauses in Delft
Practical examples from the region:
1. Unfair disadvantage
Clauses that disproportionately affect tenants in Delft:
- Exorbitant penalties: High fines for minor damages, such as a leak, are often void.
- Strict subletting ban: Void without a valid reason, such as in student housing in Delft.
- Automatic rent increase: Unfair without consent or within statutory limits.
2. Conflict with the law
- Pet ban: Often void in Delft; check local rules via gemeente Delft huurbeleid.
- Ban on minor modifications: E.g., installing IKEA furniture without damage; unnecessarily limits tenant rights.
- Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.
3. Contrary to reasonableness and fairness
- Excessive deposit: More than two months' rent in Delft agreements may be void.
- Automatic tacit renewal with rent increase: Disproportionate in social housing.
- Ban on painting: Tenants may paint interior walls without permission.
What to do in Delft?
1. Check your contract: Look for suspicious clauses.
2. Consult Juridisch Loket Delft: Free help at Juridisch Loket Delft.
3. Steps to court: Via Rechtbank Den Haag; tenant organizations like Woonbond assist.
4. Huurcommissie: For rent price and quality disputes in Delft.
Recently, Rechtbank Den Haag ruled in a Delft case that a pet ban was void, with repayment of deposit. Stay alert to your rights!