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Null and Void Clauses in Rental Agreements Westland

What are null and void clauses in rental agreements in Westland? Discover examples, legal basis, and steps at Rechtbank Den Haag or Juridisch Loket Westland.

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Null and Void Clauses in Rental Agreements Westland

A null and void clause in a rental agreement is a provision that is legally unenforceable and therefore does not apply, because it conflicts with the law, public morals, or reasonableness and fairness. For tenants and landlords in Westland, this can have significant consequences for the validity of the contract. In this article, we explain what null and void clauses are, which clauses are often null and void in the Westland rental sector, and what you can do if you encounter one. Specifically for the Westland region, under the jurisdiction of Rechtbank Den Haag.

What is a null and void clause?

A null and void clause is an agreement in a lease that the court does not recognize because it conflicts with the law or general legal principles. In Westland rental law, this often concerns clauses that unfairly disadvantage tenants, conflict with the Good Landlordship Act, the Housing Rental Act (Whw) or the Goods Rental Act (Whz), or unreasonably restrict the tenant.

Nullity often occurs by operation of law or can be claimed by a party. For example: a landlord in Westland may not impose a pet ban arbitrarily if it is not legally permitted.

Legal basis in Westland

The main legal grounds for nullity of clauses in rental agreements are:

  • Article 6:248 DCC: Null and void if contrary to law or public morals.
  • Article 7:905 DCC: Null and void if unfairly disadvantageous to the tenant.
  • Good Landlordship Act: Specific rules for Westland; landlords may not abuse positions of power.
  • Whw art. 7:260 DCC: Subletting rules; absolute prohibition may be null and void.
  • Whz: For commercial properties in Westland, such as greenhouses or offices.

In Westland, Rechtbank Den Haag (district) handles rental disputes. The Juridisch Loket Westland provides free advice.

Examples of null and void clauses in Westland

Below are practical examples from Westland rental practice:

1. Unfairly disadvantageous clauses

Clauses that excessively disadvantage the tenant:

  • Disproportionate penalties: High fines for minor damages, such as a broken tile.
  • Strict subletting ban: Null and void without valid reason (e.g., nuisance or damage).
  • Automatic rent increase: Beyond statutory maxima or without consent.

2. Contrary to the law

  • Pet ban: In Westland often null and void unless proven nuisance; check local rules.
  • Total ban on modifications: Minor modifications such as curtains must be permitted.
  • Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.

3. Contrary to reasonableness and fairness

  • Excessively high deposit: Maximum 2 months' rent; higher is null and void.
  • One-time rent indexation: Automatic implementation without consultation not permitted.
  • Automatic tacit renewal: With unreasonable notice period for tenant.

What to do in case of a null and void clause in Westland?

1. Protest in writing: Send a registered letter to the landlord.
2. Seek help: Contact Juridisch Loket Westland for free advice.
3. Involve the court: Proceed at Rechtbank Den Haag; tenants often have legal expenses insurance.
4. Rent Tribunal: For residential rental in Westland in rent price or maintenance disputes.

Prevention for landlords and tenants

Landlords in Westland: use model contracts from the Rent Tribunal. Tenants: read contracts carefully and check with Juridisch Loket Westland.