Void Clauses in Rental Agreements in Rijswijk
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 Rijswijk, this can have major consequences for the validity of the contract. In this article, we explain what void clauses are, which clauses are often void in the rental sector in Rijswijk, and what you can do if you encounter them. The District Court of The Hague (district for Rijswijk) handles such cases.
What is a void clause?
A void clause is an agreement in a tenancy agreement that is not recognised by the court because it conflicts with the law or general legal principles. In the rental law of Rijswijk, it often concerns clauses that unfairly disadvantage tenants, conflict with the Housing Rental Act (Whw) or Goods Rental Act (Whz), or unreasonably restrict the tenant.
Voidness often occurs by operation of law or can be claimed by a party. For example: a clause in Rijswijk that prohibits pets without a statutory basis may be void.
Statutory basis in Rijswijk
The main statutory grounds for voidness in rental agreements are:
- Article 6:248 CC: Void if contrary to law or public morals.
- Article 7:905 CC: Void if it unfairly disadvantages the tenant.
- Housing Rental Act (Whw): Specific rules for residential spaces in Rijswijk; subletting prohibition may be void (art. 7:260 CC).
- Goods Rental Act (Whz): For commercial spaces in Rijswijk, such as offices.
Contact the Juridisch Loket Rijswijk for free advice on your rental agreement.
Examples of void clauses in Rijswijk
Below are examples that in practice around Rijswijk are often declared void:
1. Clauses that unfairly disadvantage the tenant
Clauses that excessively disadvantage the tenant, such as:
- Disproportionate penalties: High fines for minor damages, such as a leaky faucet.
- Prohibition on subletting: Without valid reason (e.g. safety risk) void in Rijswijk.
- Automatic rent increase: Without consent or outside statutory limits.
2. Clauses contrary to the law
- Prohibition on pets: In Rijswijk often not permitted without basis (see local rules).
- Total prohibition on renovations: Minor adjustments such as a shelf may not be unfairly restricted.
- All maintenance on tenant: Landlord remains responsible for major maintenance.
3. Contrary to reasonableness and fairness
- Excessively high deposit: More than 2 months' rent in Rijswijk may be disproportionate and void.
- Unlimited termination right for landlord: Without statutory notice period.
- Automatic cost pass-through: Without proof of reasonableness.
What to do in Rijswijk?
1. Check your contract for suspicious clauses.
2. Contact Juridisch Loket Rijswijk for advice.
3. In case of dispute: summons at District Court of The Hague.
4. Tenants' union or local associations can help.
Note: In Rijswijk, additional municipal rules sometimes apply to rental housing.