Tenancy law for commercial space Dutch law
Commercial Property Lease in the Netherlands
The lease law in the Netherlands concerning the renting of commercial property is by no means straightforward.
In Dutch lease law, a distinction is made between commercial property as defined in Article 7:290 of the Civil Code (BW) on the one hand, and other spaces as defined in Article 7:230a BW on the other. In both cases, it involves renting commercial space, but different lease regulations apply depending on the nature of the business conducted in the rented space.
Below, we will explain when it is considered 290-commercial property and 230a-space.
Article 290 BW Commercial Property
The legal rules of Article 7:290 BW apply to the following types of commercial properties: retail businesses, restaurants or cafes, takeout or delivery services, or artisan businesses. The key factor is whether the leased space contains a so-called:
'a publicly accessible premises for the direct delivery of movable goods or services.'
In the case of Article 290 BW commercial property, the tenant generally has the right to a minimum lease period of 2 x 5 years, and this lease period can only be shortened in exceptional cases. Seek advice from our lease law specialists regarding this matter.
Article 230a BW Space
If the property does not fall under the definition of commercial property as per Article 7:290 BW, it is considered Article 7:230a BW commercial property. This category primarily includes office space but also factory space, workshops, storage and parking facilities, and spaces for certain professionals such as beauticians, lawyers, etc.
The main difference between 290-commercial property and 230a-space is that tenants of 230a-space have eviction protection but not lease protection. Therefore, it is essential for tenants of such spaces to carefully consider the duration of their lease and, if possible, include an option for extension in the lease agreement. Seek advice from our lease lawyers regarding this matter.
How can our lease law lawyers assist you?
If you are a business owner renting commercial space, you may encounter various legal issues, such as rent increases, defects, renovations, and more.
In such cases, it is crucial to protect your interests with the right legal knowledge or legal representation.
Our lawyers and attorneys have extensive knowledge of lease law and practical experience in negotiating and litigating lease disputes. We provide services nationwide and can assist with all lease disputes in the Netherlands.
What types of commercial property disputes can we help you with?
Our specialized lawyers and attorneys can assist you with all lease disputes. Here are a few examples.
Entering into a lease agreement
If you want to enter into a lease agreement but have doubts about the terms, we can review the lease conditions for you and negotiate better terms with the landlord.
Lease agreement for hospitality: A lease agreement for a hospitality business, where the entire business is leased, is often referred to as a lease agreement. We can also assist with such cases.
Rent increase or decrease
The landlord wants to increase the rent. However, this is not always possible. We help you prevent or reduce rent increases where possible.
Defects in commercial property
You may not be the first tenant to encounter defects in the leased property. We assist you in getting the landlord to resolve these issues, for example, by legally contacting the landlord or taking legal action against them.
Assignment of lease
You rent a retail business space (shop or restaurant) and want to transfer your lease rights to the buyer of your business. However, the landlord refuses. We help you achieve the transfer regardless.
Renovation of commercial property
The landlord wishes to renovate your commercial space. Temporary closure and/or disruption may occur. We use legal means to oppose the renovation or minimize and prevent any damage or disruption.
Subleasing commercial property + model contract
Sometimes, subleasing commercial property is allowed, but not always. Unauthorized subleasing can have serious consequences. Therefore, consult our specialists for help and read: subleasing commercial property or order a subleasing commercial property model contract from us.
Recovering security deposit
Do you need help in recovering your security deposit? Our lease specialists can assist you.
Terminating a lease agreement, order a model letter.
If you, as a tenant or landlord, want to terminate the lease, order one of our model letters below:
• Termination of commercial property lease by tenant
€ 32.50
• Sample letter for termination of commercial property lease under Article 7: 290 BW
€ 45.00
or, reach mutual agreement with your tenant or landlord for the termination of the lease and record the terms in a lease termination agreement:
• Lease Termination Agreement
€ 42.50
Don't hesitate, seek advice about tenancy law in the Netherlands
Do not delay in seeking specialized assistance for lease disputes related to commercial property. Call our lease specialists directly at (020 – 6890 863) or email.