In Dutch rental practice, void clauses regularly appear that give landlords unfair advantages. A classic is the provision 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.
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 room rental contracts, a provision making the tenant jointly and severally liable for all housemates is often void due to conflict with reasonableness.
The Huurcommissie publishes lists of 'black' provisions. Landlords risk additional assessments if they adhere to void clauses. Tenants can challenge these via a no-proceedings letter or summons. Always preserve evidence, such as the contract and payment proofs. This prevents disputes and preserves your rights. (202 words)