The 7 most common forbidden clauses in rental contracts

Updated: October 2026

You read your contract and some rules make you frown: "pets prohibited", "landlord may always enter", "fine per violation". Not every heavy formulation holds up. These are seven provisions that often raise questions.

Many rules in Dutch residential rent law are mandatory law: the law then prevails over the contract. A provision that deviates to the tenant's disadvantage is void or may be set aside, even if you signed. For consumers, the court also reviews on its own motion whether a term is unfair (Directive 93/13).

1. The absolute pet ban

Many standard contracts contain a ban on pets. A ban may serve a legitimate purpose, such as preventing damage or nuisance, but may not go further than necessary. An absolute ban with no room for exceptions can upset the balance and is vulnerable. A ban on pets that cause nuisance or damage, with room for permission, is more likely to hold. See also our article on pets in a rental home.

2. Unlimited access for the landlord

A clause that lets the landlord enter at any time touches your right to the privacy of your home. Inspections at reasonable times and with notice can be acceptable. Unlimited access, or a fine for refusing any inspection, can be unfair.

3. All maintenance for the tenant

The tenant carries out minor repairs at their own cost (art. 7:217 Dutch Civil Code, Minor Repairs Decree). Other defects are for the landlord. A clause that puts major maintenance or replacing installations on the tenant is void to the extent it deviates to the tenant's disadvantage.

4. A ban on registering at the address

A main-residence and registration obligation for the tenant is common. A contract that forbids you from registering at the address is a red flag. It can affect, for example, allowances and your administration, and it sometimes points to a rental situation that is not in order. Have such a provision reviewed before you sign.

5. A minimum rental period, or terminating early

This often goes wrong. In a fixed-term contract, parties cannot terminate early under art. 7:271(1) Dutch Civil Code. After the term ends, the contract continues for an indefinite period with rent protection. In an indefinite-term contract the tenant can always terminate, with a notice period of at least one and at most three months. A longer notice period for the tenant is void.

6. Fines without a limit

A penalty clause in a consumer rental contract is reviewed strictly. An unfair penalty clause is not reduced but set aside entirely. An unlimited daily fine, or a fine on top of full damages, is a red flag.

7. Agency fees for the tenant

A clause that puts agency fees on the tenant is void (art. 7:264 Dutch Civil Code). An agent may not charge both the landlord and the tenant. Did you pay such fees? Ask for advice about reclaiming them and the time limit that applies.

This article is general information, not legal advice. Rules change and your situation may differ. In doubt? Ask a lawyer, the Juridisch Loket or the Huurcommissie (Dutch Rent Tribunal).