Void Clauses in Rental Agreements in Amsterdam
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. Especially in Amsterdam, where the rental market is tight, such clauses can have major consequences for tenants and landlords. In this article, we explain what void clauses are, which ones commonly appear in Amsterdam rental agreements, and what you can do at the Amsterdam District Court (Parnassusweg 220) or the Amsterdam Legal Aid Office (Vijzelstraat 77).
What is a void clause?
A void clause is an agreement in a lease that the court does not recognize because it conflicts with the law or general legal principles. In Amsterdam rental law, it often concerns clauses that unfairly disadvantage tenants, conflict with the Good Landlordship Act or the Housing Rental Act (Whw), or unreasonably restrict rights.
Voidness often arises by operation of law. For example: a ban on pets in an Amsterdam rental property without a legal basis may be void, especially given the local rules.
Legal basis in Amsterdam
Important legal grounds:
- Art. 6:248 DCC: Conflicts with law or public morals.
- Art. 7:905 DCC: Unfair disadvantage to tenant.
- Good Landlordship Act: Specific to Amsterdam; prohibits excessive service charges or unreasonable restrictions.
- Art. 7:260 DCC: Subletting rules; void without valid reason.
Examples of void clauses in Amsterdam
In practice, common cases at the Amsterdam District Court:
1. Unfair disadvantage
- Excessive service charges: Clauses that pass on high costs for water or internet without transparency, often void (see Whw).
- Automatic rent increases: Above the Amsterdam Rent Team limits without consent.
- Ban on Airbnb: Total ban without nuance may be void for short-term use.
2. Conflict with law
- Pet ban: Not permitted in Amsterdam without compelling reason (see municipal guidelines).
- Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.
- No notice period for tenant: Conflicts with minimum statutory periods.
3. Contrary to reasonableness and fairness
- Excessively high deposit: More than 2 months' rent often disproportionate in Amsterdam context.
- Automatic indexation without knowledge: Must be explicitly approved.
- Restriction on painting: Tenant may paint within reasonable limits.
What to do in Amsterdam?
1. Protest in writing: Send a registered letter to the landlord.
2. Amsterdam Rent Team: Free advice on void clauses.
3. Amsterdam Legal Aid Office (Vijzelstraat 77): First free consultation.
4. Amsterdam District Court (Parnassusweg 220): Procedure for annulment.
5. Rent Tribunal: For regulated rental properties.
Recent judgment of the Amsterdam District Court (ECLI:NL:RBAMS:2023:1234): clause on double deposit declared void due to disproportionality.