Challenging a null and void lease clause begins with a formal notice of default to the landlord. Send a registered letter in which you identify the clause, cite relevant laws such as Article 7:905 of the Dutch Civil Code (BW), and demand its deletion or repayment. Offer a period of 14 days for amendment. No response? File a request with the Rent Tribunal for residential premises (free for tenants).
The tribunal assesses nullity and can issue binding decisions on rent price and clauses. For room rentals or commercial leases, go directly to the district court via a writ of summons (court fee approximately €85). Evidence is crucial: contract, correspondence, and witness statements. The court balances interests and can declare nullity with retroactive effect.
Success factors: demonstrate a clear statutory violation and prove disproportionate disadvantage. Tenants' organizations such as Woonbond provide model letters. Costs are low, and if successful, you can recover procedural costs. Urgency with ongoing payments: demand immediate cessation. After judgment, the clause no longer applies, with possible compensation for damages. This effectively restores balance in your tenancy relationship. (199 words)