Category: Dutch commercial tenancy law
In the Netherlands if a judgement has been declared provisionally enforceable, the judgement may be enforced. Even if the party against whom judgement is given has instigated an appeal against the judgement. A party against whom judgement has been given can apply for suspension of the enforcement pending the appeal. This can be done at the appeal court (where the appeal is taking place) or submitted to the provisional relief court in an enforcement dispute. An eviction ordered by the court can therefore be countered, for example. There must be grounds for suspending enforcement. Commercial tenancy lawyer Sander Schouten explains the Dutch procedure on the basis of a recent court case.
Read more about: Prohibition on eviction commercial space in enforcement dispute possible?
Renting out one’s own apartment as a holiday home: is that permitted or not? Many rulings have been made on this issue, but it remains controversial. Recently, an owners’ association acted against such rental practices. The issue of whether renting out one’s home is covered by permitted use, was addressed in appeal. Dutch VvE (owners’ association) lawyer Robert van Ewijk discusses the ruling.
Read more about: Is a short-term lease of a studio apartment permitted?
The law clearly states that giving notice to terminate a rental agreement is only possible by registered mail or with a bailiff. But nowadays, terminating by e-mail is apparently allowed. This is shown from a ruling by the court of Rotterdam. Dutch tenancy lawyer Thomas van Vugt discusses this remarkable ruling.
Read more about: Court: terminating rental agreement by e-mail is allowed!
It is common practice for apartment owners in Amsterdam to rent out their apartments on a short-term stay basis to tourists. A simple way of making a bit of extra cash in times of economic recession. But the Court in The Netherlands does condemn this practise: short stay letting is not allowed, unless explicitly permitted in the Regulations of the Owners’ Association. Dutch lawyer Thomas van Vugt, specialized in Owners’ Associations, discusses recent case law.
Read more about: Dutch Court prohibits short-term rental of Amsterdam apartments