Consequences of Void Clauses for Rental Agreements in Amsterdam

Void clauses in rental agreements in Amsterdam can have far-reaching consequences for the validity of the entire lease agreement. According to Article 6:248 paragraph 2 of the Dutch Civil Code (BW), the contract remains in effect, unless the nullity affects the essence of the agreement. This means that only the specific clause lapses, while the rest remains valid. However, with multiple void clauses, the district court judge in Amsterdam may declare the entire contract null, especially if it is composed in an unbalanced manner to the detriment of the tenant – a common problem in the tight Amsterdam rental market. In practice, such disputes often lead to proceedings before the Huurcommissie or the Rechtbank Amsterdam. A landlord who applies a void service costs clause, such as the unlawful pass-through of municipal taxes, must repay the overpaid amounts with statutory interest. Tenants in Amsterdam can demand annulment via the Huurcommissie or the district court judge, with extra attention to local rules such as the Housing Ordinance which imposes strict requirements on temporary contracts. It is important to take timely action: nullity does not prescribe, but repayment claims do after five years. Example: a clause that sets deposit amounts above the statutory limit of two months' rent is struck out without dissolving the contract. Landlords in neighborhoods such as the Jordaan or Oost must screen contracts for nullity to avoid fines from the municipality or claims. Tenants often win cases if clauses conflict with the Whw, such as prohibitions on subletting without permission, or local anti-discrimination rules. Always consult a lawyer at the Juridisch Loket Amsterdam for specific cases. (248 words)