In Leiden's vibrant rental market, with its many student accommodations around the university and the Rapenburg, void clauses frequently appear that unfairly benefit landlords. A classic example is a provision that obligates tenants to pay all repair costs, whereas Article 7:243 of the Dutch Civil Code (BW) stipulates that the landlord is responsible for major maintenance. Indexation clauses that deviate from the legal rules of the Rent Assessment Committee (Huurcommissie) are also void, particularly relevant in Leiden’s popular student housing.
Other examples include: a prohibition on tenants carrying out painting work without permission, or an automatic rent increase without proper indexation. Clauses that exclude tenants from statutory notice periods or allow the deduction of outstanding claims from the deposit beyond the legal limit of two months' rent are systematically annulled by the District Court of The Hague – which has jurisdiction over Leiden. In room rental agreements, common in Leiden’s student houses, a clause that makes the tenant jointly and severally liable for all housemates is often void due to conflict with the principles of reasonableness and fairness.
The Rent Assessment Committee publishes lists of 'black' clauses, and local Leiden tenant support groups, such as Huurteam Leiden, offer free advice. Landlords risk additional charges if they persist in using void clauses. Tenants can challenge these clauses through a simple letter or by issuing a summons to the subdistrict court in Leiden. Always keep evidence, such as the contract, payment receipts, and correspondence with the landlord via platforms like Pararius or local real estate agents. This helps avoid disputes and protects your rights in Leiden’s tight rental market.