Lease Agreement Nullity in Amsterdam: what you need to know
A lease agreement in Amsterdam may be null and void if it does not comply with statutory requirements or contains unfair provisions. Nullity means that the agreement (in part) has no legal force. This article explains when a lease agreement is null and void, the statutory grounds and steps in Amsterdam, with references to the Rechtbank Amsterdam (Parnassusweg 220) and the Juridisch Loket Amsterdam (Vijzelstraat 77).
What is a null and void lease agreement in Amsterdam?
A null and void lease agreement has no legal validity from the outset, for example due to:
- Missing formal requirements such as signatures.
- Conflict with statute or public order.
- Mistake, fraud or duress at the time of entering into it.
- Unfair clauses that disproportionately burden the tenant, common in the Amsterdam rental market.
Difference between nullity and dissolution
Nullity renders the agreement invalid from the beginning; dissolution terminates a valid agreement at a later time, for example via notice. In Amsterdam, this often arises in the context of housing allocation.
| Aspect | Nullity | Dissolution |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Statutory violation, mistake | Notice, agreement |
| Consequences | Parties discharged | End on date |
Statutory grounds for nullity
Based on the Civil Code (BW) and Housing Lease Act (Whw), relevant for Amsterdam:
- Art. 3:34 BW: Conflict with statute/public order.
- Art. 3:40-41 BW: Mistake, fraud, duress.
- Art. 7:901-902 BW: Unfair or disproportionate provisions.
- Art. 7:904 BW: Missing essential information.
- Art. 7:912 BW: Conflict with Whw.
Whw in Amsterdam context
The Whw protects tenants in cities like Amsterdam against unfair clauses, such as:
- Restrictions on maintenance/renovation.
- Unlimited access for landlord.
- Unreasonable costs for tenant.
Examples of null and void provisions in Amsterdam
1. Essential information missing
No rent price, period, names/addresses or property description (address, size) renders it null and void.
2. Unfair clauses
E.g. ban on pets without reason, or tenant pays all repairs – null and void under Whw.
3. High service costs
In Amsterdam often abused: unreasonable costs for lifts or cleaning are null and void.
What to do in case of a null and void lease agreement in Amsterdam?
- Check the agreement for null and void provisions.
- Contact Juridisch Loket Amsterdam (Vijzelstraat 77) for advice.
- Approach Rechtbank Amsterdam (Parnassusweg 220) for judgment.
- In urgent cases: Huurteam Amsterdam or Woonbond.