This category of premises consists mainly of shops, hotels, bars and restaurants. As a rule, the premises are open to the public. Leases for this category must be entered into either for less than two years or for at least five years. No other mandatory provisions apply to leases with a term of less than two years. In the case of longer-term agreements, the tenant has the option of extending the contract to at least ten years. These retail leases do not automatically end at the end of their term, but must be terminated upon termination. Termination is subject to strict formalities: residential leases are comprehensively governed by Articles 7:232-7:282 of the Dutch Civil Code. In the Netherlands, residential rental law has always been and still is the protection of tenants. In principle, the parties are free to agree on rental prices. However, residential leases are subject to rent control in accordance with the Rental Prices Act (Huurprijzenwet). The rent must correspond to the quality and the inventory of fixtures. Office leases end automatically. If the tenant does not use the extended coverage period described to extend the lease, the landlord can initiate eviction proceedings.
If you rent a small business unit (the tenant), you are entitled to property security and rental protection. You can use the room for 10 years. This period is divided into 2, each with a duration of 5 years. You can also agree on a shorter time frame. The law provides that a tenant who transfers his business to another party can ask the court to replace the new owner in his place as tenant. The lessor is not able to prevent this as long as the new tenant is financially able to meet his obligations under the lease. The definition of commercial leasing is set out in Article 7:290(2) of the Netherlands Civil Code. Shops, cafes, restaurants, hotels and campsites are included in the definition, with the basic requirement that the premises include a space open to the public.
The main use of the property is crucial in determining the type of lease. When concluding a rental agreement under Dutch law, it is important to be aware of the mandatory regulations that apply to the type of rental agreement in question. For more information, please contact Daniël van Genderen. The landlord (the person or company renting the property to you) cannot increase the rent in the meantime unless you have stipulated this jointly in the rental agreement. After 5 years, you can agree on a new rent with the landlord. For example, you can arrange regular rent increases based on the Consumer Price Index compiled by Statistics Netherlands (CBS). There is no legal maximum amount to increase the rent. A rental agreement for a certain period of time does not automatically end at the end of the limited time. An owner must give reasons for the termination of a lease, a termination with the exception of the grounds referred to in Article 274(1) is null and void. Valid reasons are that the tenant has not behaved properly for a good tenant, that the landlord has an urgent need to use the premises, or if the tenant does not accept a reasonable offer to enter into a new lease. If you rent a business accommodation (in Dutch), you can deduct the costs you incur (e.g.
B, energy costs, cleaning costs and furnishing costs) of your company`s income. The Dutch Civil Code contains a number of provisions that are generally applicable to rental contracts, the most important of which are: Under the Dutch Leasing Act, leasing contracts can refer to different types of property: movable property (e.g. operational leasing of a car), immovable property (e.g. leasing a house) or property rights. In the case of offices, factories and other buildings not covered by special regulations, the parties are free to agree on the terms of the contract. For the termination of the lease by the lessor, it is necessary that the landlord asks the tenant to leave the premises, by registered letter with receipt or by judicial officer. Subsequently, the tenant benefits from a two-month protection period during which he can decide to apply to the cantonal court for an extension of the lease. The court bases its decision on an assessment of the interests of both parties. According to the law, the court may grant the request for an extension for a maximum period of three years. A rental agreement does not require any special form (however, it is always advisable to have a written contract).
The regulation of leases in Dutch law is largely dominated by the desire to protect the economically weaker party. Retail leases must be valid for a maximum of two years or a minimum term of at least five years, with a renewal right for a second period of 5 years (or a sufficient number of years to reach a total period of 10 years). Dutch rental law does not prevent foreign persons, whether legal or natural, from renting real estate in the Netherlands. Given the contractual freedom enjoyed by the parties to a commercial lease, it is advisable to use the services of an English-speaking lawyer in the Netherlands to assist in the preparation of the rental document. There are 2 categories of business accommodation: business accommodation for small businesses and other business accommodation. If you want to rent business accommodation in the Netherlands, you should take into account that each category has its own rules. Dutch commercial real estate leases are regulated by law. Different regulations apply to each category of real estate rental. As a rule, the main use of the premises determines the applicable legal regulations.
The parties may mutually agree to terminate the lease at any time. The possibilities of unilateral termination by the owner are much more limited. The law states that the landlord cannot terminate the lease without giving reasons. In addition, if the lease has been concluded for a certain period, it can only be terminated at the end of that particular period with a minimum duration of one year. If the tenant objects to the termination of the lease, the lessor must apply to the court for the termination of the lease. Courts rarely issue termination orders after the first five (or less than ten) year period has expired, and the landlord must prove that there are certain reasons, for example. B, for which the landlord must urgently use the property for his or her own purposes. If you wish to terminate the lease, you must do so in writing. .
