Vacancy is a hot topic in The Netherlands. Millions of square meters of (retail) business premises and office space remain empty. At GMW lawyers we realise that clients suffer the consequences of this vacancy firsthand. A quick sale or lease of commercial real estate is no longer self-evident.
Investors and home owners
This also applies to real estate investors in homes and to home owners. They are painfully aware that the time required for sale has increased and homes that stand empty are no longer an exception. The consequence of the absence of a buyer or a new tenant is that the (residential and commercial) buildings sometimes remain empty for months vulnerable to becoming run down and to squatters.
In contrast, vacancy managers, a profession that we count among our clientele, have no complaints as to work. Increasing numbers of property owners opt to have their vacant property looked after by a vacancy manager. Vacancy managers conclude occupancy agreements or temporarily rent out the premises based on the Vacant Property Act. The team at GMW lawyers assists vacancy managers with legal advice as to the appropriate contracts as well as with proceedings to evacuate (temporary) tenants who have breached their contract.
The Vacant Property Act is important for combating vacancy. In addition to a general ban on squatting, this act is also aimed at providing municipalities with more options to avoid vacancy. The Vacant Property Act has been modified at various points in recent years. One of the changes concerns the possibility of temporary rental by (private) homeowners. This does not apply to all homeowners, but to certain categories listed in the Vacant Property Act. The houses can be temporarily rented out by the private homeowner based on the Vacant Property Act so that a number of rent control provisions do not apply.
We advise extensively on the possibilities of the Vacant Property Act and our lawyers closely monitor the latest legislative changes in the area of vacancy. They are also familiar with the necessary licence procedures for temporary lease based on the Vacancy Property Act.
Longer periods of vacancy can give rise to squatting. Squatting is not only something from the past. The changes in the Vacant Property Act and the codes of Criminal Law and Criminal Procedure did not change all that. If a property is squatted then the owner can report this to the police where after the police and the Public Prosecution decide if and when the property is to be vacated. Clients may, however, have legitimate reasons (urgent interests or to limit the damage) not to wait for the enforcement by the police and judiciary authorities.
We often recommend our clients to initiate a (civil) summary proceeding to seek eviction of persons residing in their property without proper right or title. GMW lawyers has extensive experience with such proceedings.
A good and timely advice as to the legal bottlenecks of vacancy is imperative. What should be included in a contract, what are the possibilities within the Vacant Property Act and which type of contract best suits your situation? It is important to know what steps can be taken if your property is invaded. GMW lawyers can provide you with thorough legal advice at any stage of the vacancy and if necessary, litigate on your behalf.
https://www.gmw.nl/wp-content/uploads/shutterstock_693295942.jpg6671000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2021-06-23 16:05:252021-06-23 16:05:52Owner by prescription? Perhaps not after this revelation!
https://www.gmw.nl/wp-content/uploads/shutterstock_691654798.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2021-03-10 12:31:342021-03-10 12:31:55Curfew
https://www.gmw.nl/wp-content/uploads/shutterstock_14798140.jpg3721000Marie-Christine Veltkamp-van Paassenhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgMarie-Christine Veltkamp-van Paassen2020-12-07 16:45:042020-12-07 16:45:33When should a deed of division be amended?
https://www.gmw.nl/wp-content/uploads/Purchase-agreement-house-NL.jpg6671000Leon Koninghttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgLeon Koning2020-10-15 12:28:522021-08-27 10:02:56Purchase agreement for a house – what you need to check
https://www.gmw.nl/wp-content/uploads/shutterstock_722711746.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2020-09-28 15:34:242020-09-28 15:34:57Corona and the rent of catering or retail space – update
https://www.gmw.nl/wp-content/uploads/Column-Raymond-1.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2020-09-10 14:25:282020-09-10 14:29:25Like gentlemen
https://www.gmw.nl/wp-content/uploads/Spoedwet.jpg6671000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2020-04-23 17:27:532020-04-23 17:30:22Temporary law to extend fixed-term leases: a solution for landlords and tenants during the corona crisis
https://www.gmw.nl/wp-content/uploads/Column-Raymond-de-Mooij.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2020-04-15 11:12:122020-07-14 17:04:34Real estate and the virus
https://www.gmw.nl/wp-content/uploads/Huur-betalen-corona.jpg6671000Leon Koninghttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgLeon Koning2020-04-06 17:24:332020-04-06 17:24:57The corona crisis: should an entrepreneur of a closed catering or retail space continue to pay the rent?
https://www.gmw.nl/wp-content/uploads/Bought-a-house-with-defects.jpg7501000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2019-12-04 17:01:202020-07-30 15:35:50So you bought a house with defects – what now?
https://www.gmw.nl/wp-content/uploads/De-aangetekende-brief-achterhaald.jpg333500Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2019-11-06 10:42:022020-07-30 15:34:25Has the registered letter become obsolete?
https://www.gmw.nl/wp-content/uploads/When-to-call-a-lawyer-about-housing2.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2019-05-28 15:30:262020-07-30 15:35:07When to call a lawyer about housing
https://www.gmw.nl/wp-content/uploads/What-happens-when-tenant-dies.jpg6791000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2019-05-28 14:23:432020-07-30 15:36:25What happens when your tenant dies
https://www.gmw.nl/wp-content/uploads/Purchase-agreement-or-not-1.jpg6621000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2019-05-08 13:24:132020-07-30 15:33:42Real estate: purchase agreement or not?
https://www.gmw.nl/wp-content/uploads/Friends-cooptation.jpg6671000Marie-Christine Veltkamp-van Paassenhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgMarie-Christine Veltkamp-van Paassen2013-03-30 00:00:002019-10-02 17:34:59Friends: The right of cooptation
https://www.gmw.nl/wp-content/uploads/Diplomatic-clause.jpg6671000Marie-Christine Veltkamp-van Paassenhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgMarie-Christine Veltkamp-van Paassen2009-11-25 00:00:002020-10-01 16:08:20The ’diplomatic clause’ in rental contracts, a way in or a way out?
2517 KW The Hague
PO Box 85563
2508 CG The Hague
+31 (0)70 361 5048