Examples of Common Void Clauses in the Delft Rental Sector

In the vibrant Delft rental market, with its mix of student housing around TU Delft and family homes in neighborhoods like the Binnenstad and Tanthof, void clauses regularly appear that give landlords unfair advantage. A classic is the clause that obliges tenants to pay all repair costs, while Article 7:243 of the Dutch Civil Code (BW) stipulates that the landlord is responsible for major maintenance. Indexation clauses that deviate from the statutory Rent Freeze are also void, something that often occurs in the many room contracts in Delft. Other examples: a prohibition on the tenant carrying out painting work without permission, or an automatic rent increase without indexation. Clauses that exclude the tenant from statutory notice periods or that allow set-off of outstanding claims against the deposit beyond the statutory 2 months' rent are systematically annulled by judges in The Hague and Rotterdam. In Delft room rental contracts – popular among students – a clause that holds the tenant jointly and severally liable for all housemates is often void due to conflict with reasonableness and fairness, as recently confirmed in local cases before the subdistrict court. The Huurcommissie, with an office in The Hague close to Delft, publishes lists of 'black' clauses. Delft landlords risk additional assessments or fines from the municipality if they persist with void clauses. Tenants can challenge these via a no-proceedings letter to the landlord or via the subdistrict court in Delft. Always preserve evidence, such as the contract, payment proofs and correspondence with the TU Delft housing service. This way you avoid disputes and protect your rights in this tight Delft rental market. (248 words)