We specialise in Dutch tenancy law for business premises, including advising before signing the lease, and litigating if a dispute arises.
What are known as “290-business premises” in the Netherlands include a shop or store. 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. 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. In addition, each lessee of retail space has a right of substitution.
All business premises not in this category are automatically business premises under Dutch law. The best-known example of what are known as “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 may 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.
AMS’s highly experienced team of commercial tenancy lawyers both advises and litigates for Dutch and international corporates and individuals. We are committed to providing our clients with not only excellent service, but also cost-effective fee structures. Please do not hesitate to contact our law firm for a information.