Under Book 6 of the Dutch Civil Code (BW), unfair terms in rental agreements are null and void. These are clauses that disproportionately disadvantage the tenant, such as a ban on pets without reasonable grounds or automatic rent indexation exceeding the legal limit. Article 6:236 of the Dutch Civil Code lists general unfair terms, while Article 6:248 provides specific rules for rental agreements. Tenants may disregard these provisions and request the court to declare them void. Landlords must not abuse their position of power.
Example: A clause requiring the tenant to carry out all repairs, including minor defects, is void because the law holds the landlord responsible (Article 7:213 of the Dutch Civil Code). When entering into a contract, it is crucial to review standard terms and conditions. The Rent Tribunal or subdistrict court can mediate.
Consequences of nullity: The provision is deemed never to have existed, and the remainder of the contract remains valid. Tenants must object within a reasonable period to avoid tacit agreement.
Tips: Consult the General Terms and Conditions for Rental Housing provided by the Dutch government for fair examples. This helps avoid costly litigation and preserves your rights as a tenant.