Lease Contract Nullity in The Hague: what you need to know
A lease contract in The Hague may be null if it does not meet statutory requirements or contains unfair provisions. Nullity means that the contract (in part) has no legal force. This article for The Hague residents explains when a lease contract is null, the statutory grounds and steps at the The Hague District Court (Prins Clauslaan 60) or The Hague Legal Aid Office (Lutherse Burgwal 10).
What is a null lease contract in The Hague?
A null lease contract has no effect from the outset. Reasons:
- No formal requirements (e.g. missing signature).
- Contrary to law or public order.
- Mistake, fraud or duress.
- Unfair clauses with disproportionate burden on tenant.
Nullity vs. termination
With nullity invalid from the start; with termination ends later (e.g. notice).
| Aspect | Nullity | Termination |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Violation of law, mistake | Notice, agreement |
| Consequences | No performance required | Ends on date |
Statutory grounds for nullity
Based on CC and Housing Act:
- Art. 3:34 CC: Contrary to law/public order.
- Art. 3:40 CC: Mistake/fraud.
- Art. 3:41 CC: Duress.
- Art. 7:901-902 CC: Unfair/disproportionate provisions.
- Art. 7:904 CC: Missing essentials.
- Art. 7:912 CC: Contrary to Housing Act.
Housing Act in The Hague
Provisions null if contrary to Housing Act, e.g.:
- Obstruction of maintenance/renovation.
- Unlimited access for landlord.
- Unreasonable costs for tenant.
Examples of null provisions in The Hague
1. Essential information missing
No rent price, period, names/address or property description (address, m²).
2. Unfair clauses
E.g. tenant pays all repairs or penalty for early departure.
3. Contrary to Housing Act
Clause prohibits pets or subletting without reason.
What to do in The Hague?
1. Gather evidence (contract, correspondence).
2. Check with The Hague Legal Aid Office (Lutherse Burgwal 10, tel: 0900-8020).
3. Proceed to The Hague District Court (Prins Clauslaan 60) for judgment.
4. For urgent rent dispute: Rent Tribunal.
Note: Time limits apply; engage a professional quickly.