Examples of Common Null and Void Clauses in the Rental Sector in Westland
From prohibitions on subletting to excessive deposit clauses in Westland greenhouse dwellings: discover common null and void clauses and how to challenge them for fair rental conditions. (24 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In the rental practice of Westland, with its greenhouse complexes and agricultural businesses in places such as Naaldwijk, Monster and Kwintsheul, null and void clauses regularly appear that give landlords unfair advantage. A classic is the clause that obliges tenants to pay all repair costs, while Article 7:243 of the Dutch Civil Code (BW) stipulates that the landlord is responsible for major maintenance, such as in the often damp greenhouse dwellings. Indexation clauses that deviate from the statutory Rent Freeze are also null and void, particularly relevant for seasonal workers in the horticultural sector.
Other examples: a prohibition on the tenant carrying out painting work without permission, or an automatic rent increase without indexation. Clauses that exclude the tenant 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 judges in The Hague and Rotterdam. In room rental agreements for Polish and Bulgarian greenhouse employees, a clause making the tenant jointly and severally liable for all housemates is often null and void due to conflict with reasonableness and fairness.
The Huurcommissie publishes lists of 'black' clauses, and locally in Westland, the municipality warns against unfair contracts in horticultural dwellings. Landlords risk additional assessments or fines from the municipality if they persist with null and void clauses. Tenants can challenge these by means of a non-judicial letter to the landlord or a summons to the sub-district court in The Hague. Always retain evidence, such as the contract, proof of payment and correspondence with the landlord. This way, you prevent disputes and safeguard your rights in the dynamic Westland rental market. (248 words)