Lease Contract Nullity in Tilburg: what you need to know
A lease contract in Tilburg may be null and void if it does not meet statutory requirements or contains unfair provisions. Nullity means that the contract (in part) has no legal force. This article for tenants and landlords in Tilburg explains when a lease contract is null and void, the statutory grounds and steps at the District Court Zeeland-West-Brabant in Tilburg.
What is a null and void lease contract in Tilburg?
A null and void lease contract has no force from the outset. This applies to dwellings in Tilburg if:
- Formal requirements have not been met (e.g. no signature).
- Contrary to law or public order.
- Mistake, fraud or duress at the time of conclusion.
- Unfair clauses, such as excessively high penalties for tenants.
Difference between nullity and dissolution
Nullity renders the contract invalid from the start; dissolution terminates a valid contract later, e.g. by notice.
| Aspect | Nullity | Dissolution |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Violation of law, mistake | Notice, non-performance |
| Consequences | No obligation to perform | Ends on date |
Statutory grounds for nullity of lease contract
Laid down in the Civil Code (BW) and Tenancy of Dwellings Act (Whw). Relevant articles:
- Art. 3:34 BW: Contrary to law/public order.
- Art. 3:40 BW: Mistake or fraud.
- Art. 3:41 BW: Duress.
- Art. 7:901 BW: Invalid general terms and conditions.
- Art. 7:902 BW: Disproportionate burden on tenant.
- Art. 7:904 BW: Missing essential information.
- Art. 7:912 BW: Contrary to Whw.
Whw in Tilburg
Specific to rental dwellings: provisions are null and void if they
- Hinder the tenant in maintenance.
- Grant the landlord unrestricted access.
- Impose unreasonable costs (repairs).
Examples of null and void provisions in Tilburg
1. Essential information missing
Null and void without rent price, period, names/addresses or property description (e.g. address in Tilburg).
2. Unfair clauses
E.g. tenant pays all repairs, or penalty for early termination.
3. Contrary to Whw
Clause granting landlord free access to your dwelling in the Reeshof or Centrum.
What to do in case of a null and void lease contract in Tilburg?
- Check the contract for null and void provisions.
- Contact Juridisch Loket Tilburg, Spoorlaan 364 (free advice).
- Send a registered letter to the landlord.
- Issue a writ of summons via the registry of the District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.