Dutch commercial tenancy law
Dutch law firm on tenancy law
The so-called category 290-business premises includes the shop (shop space). The shopkeeper (lessee) who operates his shop in leased business premises is entitled to a mandatory lease term of five plus five years (5+5). The lessee as well as the lessor can terminate the lease agreement for business premises after expiry of the first term, usually 5 years, by giving notice. In practice, a procedure has been developed for completion of the leased property at the commencement and termination of the lease contract. It is not only important to record whether the lessor transfers the leased property without defects on commencement of the lease agreement, but also whether the lessee delivers the leased property without defects on termination of the lease agreement. Furthermore, each lessee of retail space has the so-called right of substitution.
Office space in The Netherlands
All business premises not in this category are automatically business premises for the purposes of article 7:230a of the Civil Code of The Netherlands. The best-known example of such 230a-business premises is office spaces. The substantial difference is that the lessee does not have to give a reason for termination, whereas the lessor can only terminate the lease agreement in two specific circumstances, described in the law. Lessees of office spaces that are confronted with an eviction notice from the lessor can ask the court for protection against eviction. In extreme cases, a lessee can extend his stay by three years.
Dutch tenancy lawyers
In his practice, the tenancy lawyer of Dutch law firm AMS often sees lease agreements stating that this concerns other business premises, while the leased property is in fact being operated as a shop. The court will not immediately accept this. In brief, a lease agreement drafted with the help a lawyer specializing in tenancy law for business premises, with a correct description and legal qualification of the purpose of the premises, can save much grief (and thus costs) down the road.
Law firms in The Netherlands
Our Dutch tenancy lawyers are not only very experienced in negotiating on and drawing up lease agreements, but will also litigate on their clients’ behalf, if necessary. Our attorneys are fully committed to their clients’ cases, work in a horizontal organization and offer competitive fees. Please contact our law firm for a meeting.