Unfair Terms in Amsterdam Rental Agreements: Recognition and

In Amsterdam rental agreements, unfair terms are void under Book 6 of the Dutch Civil Code (BW). These clauses disproportionately disadvantage tenants, such as a ban on pets in a city where 40% of Amsterdammers own a pet, without reasonable grounds, or rent increases above the statutory limit while the Amsterdam rental market is already tight with an average of €20 per m². Article 6:236 BW lists general unfair terms, Article 6:248 BW applies specifically to leases. Tenants in Amsterdam can ignore these and ask the district court judge in the Amsterdam District Court to declare them void. Landlords may not abuse the tight market. Example: a clause obliging the tenant to carry out all repairs, including minor defects in old canal houses, is void (Article 7:213 BW holds the landlord responsible). Check standard terms when entering into a contract via platforms such as Pararius or Funda. The Amsterdam Rent Committee offers mediation for local disputes, and the municipality has guidelines against excessive service charges. Consequences of nullity: the provision is deemed never to have existed, the contract remains valid. Object within a reasonable period, otherwise tacit consent. Tips: check the model contracts of the Central Government and the Amsterdam Tenants' Interest Association (AHBV) for fair examples. This way you avoid costly proceedings at the Amsterdam District Court and retain your rights in this expensive rental city. (212 words)