Lease Agreement Nullity in Delft: what you need to know
A lease agreement in Delft may be null and void if it does not meet statutory requirements or contains unfair provisions. Nullity means that the agreement (in part) has no legal force. This article explains when a lease agreement is null and void, the statutory grounds and steps in Delft, with the District Court of The Hague (district) and Juridisch Loket Delft.
What is a null and void lease agreement in Delft?
A null and void lease agreement has no effect from the outset. This occurs in cases of:
- Missing formal requirements, such as no signature.
- Conflict with statute or public order.
- Mistake, fraud or duress.
- Unfair clauses that disproportionately burden the tenant.
Nullity versus dissolution
In case of nullity, the agreement is invalid from the start; in case of dissolution, a valid agreement ends later, e.g. by notice.
| Aspect | Nullity | Dissolution |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Statutory violation, mistake, unfair terms | Notice, agreement |
| Consequences | Parties released | End on date |
Statutory grounds for nullity
Laid down in the Dutch Civil Code (BW) and Housing Lease Act (Whw). Relevant articles:
- Art. 3:34 DCC: Conflict with statute/public order.
- Art. 3:40 DCC: Mistake/fraud.
- Art. 3:41 DCC: Duress.
- Art. 7:901 DCC: Invalid general terms and conditions.
- Art. 7:902 DCC: Disproportionate burdens on tenant.
- Art. 7:904 DCC: Missing essential information.
- Art. 7:912 DCC: Conflict with Whw.
Housing Lease Act (Whw) in Delft
Whw prohibits null and void provisions such as:
- Obstruction of maintenance/renovation.
- Unlimited access for landlord.
- Unreasonable costs for tenant.
Examples of null and void provisions in Delft
1. Essential information missing
E.g. no rent, duration, names/addresses or property description (address, m²).
2. Unfair clauses
- Landlord may enter at any time.
- Tenant pays all repairs.
- Rent increase without limit.
3. Conflict with Delft rules
In Delft, additional rules apply to student housing; provisions prohibiting subletting without reason are often null and void.
What to do in case of a null and void lease agreement in Delft?
- Check the agreement for null and void provisions.
- Consult Juridisch Loket Delft (free advice).
- Send a registered letter to the landlord.
- Initiate proceedings via District Court of The Hague (sub-district court judge).
Contact:
Juridisch Loket Delft: [Address/Place Delft]
District Court of The Hague (Delft cases): [District info]
Prevention for Delft tenants
- Check model agreements of the Rent Tribunal.
- Seek advice from Juridisch Loket Delft before signing.
- Report problems to Woonbond or Huurteam Delft.