Consequences of Void Clauses for Rental Agreements in Westland

Void clauses in rental agreements in Westland can have far-reaching consequences for the validity of the entire lease agreement. According to Article 6:248 paragraph 2 of the Dutch Civil Code (BW), the contract remains in force, unless the nullity affects the essence of the agreement. This means that only the specific clause lapses, while the rest remains valid. However, with multiple void clauses, the district court in The Hague may declare the entire contract null and void, especially if it is composed in an unbalanced manner to the detriment of the tenant – a common issue in Westland's greenhouse horticulture sector where temporary workers often share rental housing. In practice, this often leads to disputes with local landlords in districts such as Naaldwijk, Monster or Kwintsheul. A landlord who applies a void service costs clause for greenhouse housing must repay the overpaid amounts with statutory interest. Tenants can demand annulment via the Huurcommissie or the district court in The Hague. It is important to take timely action: nullity does not prescribe, but claims for repayment do after five years. Example: a clause that sets deposit amounts above the statutory limit for seasonal workers' apartments in 's-Gravenzande is struck out without dissolving the contract. Landlords in Westland must screen contracts for nullity to avoid fines or claims, especially with the municipality's stricter enforcement of unfair rental practices. Tenants often win cases if clauses conflict with the Whw, such as prohibitions on subletting without permission for Polish workers. Always consult a lawyer in Westland for specific cases, such as at Huurteam Westland. (248 words)