Void Clauses in Rental Agreements in Utrecht
A void clause in a rental agreement is a provision that is legally unenforceable because it conflicts with the law, public morals, or reasonableness and fairness. For tenants and landlords in Utrecht, this can have important consequences. In this article for Utrecht tenants, we explain what void clauses are, common examples, and what you can do. In case of disputes, you can go to the District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht, or the Juridisch Loket Utrecht, Catharijnesingel 55.
What is a void clause?
A void clause in a lease agreement is not recognized by the court if it contravenes the law or general legal principles. In Utrecht rental cases, it often concerns clauses that unfairly disadvantage tenants, in conflict with the Housing Rental Act (Whw) or Goods Rental Act (Whz). Nullity arises automatically or at the request of a party. For example: a ban on pets without a legal basis is often void in Utrecht.
Legal basis
Important grounds for nullity:
- Art. 6:248 CC: Contrary to law or public morals.
- Art. 7:905 CC: Unfair disadvantage to tenant.
- Whw: Specific rules for residential spaces; subletting ban may be void (art. 7:260 CC).
- Whz: For commercial rentals in Utrecht, such as offices.
Examples of void clauses in Utrecht
Practical examples from Utrecht rental cases:
1. Unfair disadvantage
Clauses that disproportionately harm tenants:
- Exorbitant penalties: High fines for minor damages, such as a leaky faucet.
- Unjustified subletting ban: Void without risk to housing safety.
- Automatic rent increase: Invalid beyond statutory maxima.
2. Contrary to law
- Pet ban: Often not permitted in Utrecht without reason (see local rules).
- Ban on modifications: Minor renovations such as a showerhead may not be unreasonably restricted.
- Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.
3. Contrary to reasonableness and fairness
- Excessive deposit: More than 2 months' rent often disproportionate and void.
- Unlimited termination right for landlord: Invalid without statutory termination grounds.
- Ban on tenant's contents insurance: Tenant may insure own contents.
What to do in case of a void clause in Utrecht?
1. Check the contract: Compare with legislation.
2. Seek help: Free advice at Juridisch Loket Utrecht (Catharijnesingel 55).
3. Court review: Proceed at District Court Midden-Nederland (Vrouwe Justitiaplein 1).
4. Rent Tribunal: For rent price and quality disputes.
Note: Nullity affects only that clause, not the entire contract, unless essential.