Examples of Common Void Clauses in the Amsterdam Rental Sector
From bans on subletting to excessive deposit clauses in Amsterdam: discover common void clauses and how to challenge them for fair rental conditions in the capital. (24 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In the vibrant Amsterdam rental market, where demand for housing is sky-high, void clauses regularly appear that give landlords unfair advantages. A classic is the clause that obliges tenants to pay all repair costs, while Article 7:243 of the Dutch Civil Code (BW) holds the landlord responsible for major maintenance. Indexation clauses that deviate from the statutory rent freeze, as often seen in social housing in Oud-Zuid or the Jordaan, are void.
Other common examples in Amsterdam: a prohibition on the tenant carrying out painting work without permission, or automatic rent increases without proper indexation. Clauses that exclude tenants from statutory notice periods, or that allow set-off of outstanding claims against the deposit beyond the statutory 2 months' rent, are systematically annulled by the Amsterdam District Court. In popular room rental contracts around the UvA or in the Pijp, where students and young professionals live together, joint and several liability for all housemates is often void due to conflict with reasonableness and fairness.
The Huurcommissie and the Amsterdam Huurteam publish lists of 'black' clauses, specifically tailored to the local market. Landlords risk additional assessments and fines from the municipality if they stick to void clauses. Tenants can challenge these via a no-procedure letter, the Juridisch Loket in Amsterdam, or a summons at the Rechtbank Amsterdam. Always keep evidence such as the contract, payment proofs, and correspondence with the landlord. This way, you prevent disputes in the overheated Amsterdam rental market and retain your rights. (248 words)