Void Clauses in Rental Agreements in Zoetermeer
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 Zoetermeer, this can have significant consequences for the validity of the contract. This article explains what void clauses are, which clauses are often void in the rental sector in Zoetermeer, and what you can do if you encounter them at the District Court of The Hague (district Zoetermeer).
What is a void clause?
A void clause is an agreement in a lease that is not recognized by the court because it conflicts with the law or the general principles of law. In rental law in Zoetermeer, this may concern clauses that unfairly disadvantage the tenant, conflict with the Housing Rental Act (Whw) or the Goods Rental Act (Whz), or unreasonably restrict the tenant's rights. Nullity often arises by operation of law or can be invoked by a party.
Example: a clause prohibiting pets without a statutory basis, which is often deemed void in Zoetermeer by the District Court of The Hague.
Statutory basis
The main statutory grounds for the nullity of clauses in rental agreements are:
- Article 6:248 DCC: Void if contrary to the law or public morals.
- Article 7:905 DCC: Void if it unfairly disadvantages the tenant.
- Housing Rental Act (Whw): Specific rules for residential properties in Zoetermeer; prohibition on subletting may be void (art. 7:260 DCC).
- Goods Rental Act (Whz): Similar nullity rules apply to office spaces in Zoetermeer.
Examples of void clauses in Zoetermeer
Below are examples of clauses that are often declared void by the District Court of The Hague:
1. Clauses that unfairly disadvantage the tenant
Unfair clauses in Zoetermeer include:
- Disproportionate penalties: High fines for minor damages, such as water damage.
- Prohibition on subletting: Without valid reason, unless it damages the property.
- Automatic rent increase: Beyond statutory limits without consent.
2. Clauses contrary to the law
- Prohibition on pets: Often void in Zoetermeer; see local rules or municipal rental policy.
- Total prohibition on renovations: Minor adjustments such as a new faucet are often permitted (Whw).
- All maintenance on tenant: Landlord remains responsible for major maintenance.
3. Clauses contrary to reasonableness and fairness
- Excessive deposit: More than two months' rent in Zoetermeer may be void.
- Unlimited termination right for landlord: Without statutory procedure.
- Mandatory insurance via landlord: If more expensive than market rates.
What to do in Zoetermeer?
Consult the Zoetermeer Legal Aid Office for free advice. In disputes, you can litigate at the District Court of The Hague (district Zoetermeer). Keep all correspondence and contracts. A void clause can often lead to adjustment of the rent or compensation for damages.