Business premises rent

The legal provisions of regulatory law apply to the renting and leasing of shops and office premises. This means that the content of the lease agreement is very important. Many potential problems can be avoided contractually. GMW lawyers can help you with this.

When drafting a lease agreement it is important to examine at an early stage whether you are renting a shop or office premises. In fact, different legal provisions apply to the two different types of business premises. For example, the legal regime governs lease periods, grounds for termination, changes in the lease price and substitution.

Change in the lease price

The lessor and the lessee may request a change in the lease price when shops are leased. The corresponding legal procedure involves all sorts of bureaucracy and therefore it is advisable to ask for legal advice.

Substitution

The lessees of shops can substitute another person as a lessee if they want to transfer their business. In this case, several conditions must be met. How can you insist on a substitution? And how can you defend yourself as a lessor against this change in the lessee? Our lawyers can help you find your way, and support you both during the preliminary process and during any legal proceedings.

Breach of contract

Unfortunately many lessors are confronted with a breach of contract on the part of their contractual party: For example, lessees who fail to pay or pay too late, cause a nuisance, grow cannabis or sublet. GMW lawyers has many years of experience in tackling these sorts of problems. In legal proceedings, we can demand, amongst other things, back ending repayment of rent, dissolution of a lease and eviction of tenants.

More information

If you have any questions about leasing business premises or if you would like to submit a case directly, please contact us using the enquiry form below or +31 (0)70 3615048. Our tenancy law lawyers will be glad to support and advise you.

Lawyers

Glenn Kerver

Marie-Christine Veltkamp-van Paassen

Raymond de Mooij

Stephanie de Wit

Wouter de Veer

Zoë Ris

All lawyers

Are you looking for a tenancy lawyer in The Hague?

GMW lawyers is happy to assist you with specialist knowledge and experience in the field of tenancy law. Please contact our team of experts for support.

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17 July 2024

Contractual co-tenancy and the separation rule: a follow-up

In a previous article, I wrote about the ruling of the Supreme Court on December 24, 2021, in which it was decided that contractual co-tenants can invoke the separation rule of Article 7:267 paragraph 7 of the Dutch Civil Code (‘DCC’).

5 June 2024

Can the lessor suspend quiet enjoyment under the lease following late payment?

Two interesting conclusions by Advocate General Valk were published some time ago.

29 May 2024

Rent price review of business premises

One of the most important parts of a lease is the rent price. Over time, the rent price may no longer be in line with market rates.

Is principal residence mandatory in contractual co-tenancy?

20 May 2024

To what extent is the requirement that residential accommodation is the primary place of residence mandatory for contractual joint tenancy?

Most tenancy agreements for residential accommodation include the requirement that the accommodation is the primary residence.

8 May 2024

Continuation of a rental agreement after the tenant’s death

When a tenant of a residential property dies, the rental agreement will in principle end after a period of two months.

29 April 2024

Important for tenants in the Netherlands: new protection rules!

Do you rent your house in the Netherlands? If so, as a tenant you are protected against the landlord if, for example, he charges too high a rent, does not repair defects or does not want to repay the deposit at the end of the tenancy.

9 April 2024

High inflation resulting in a steep rent increase is not an unforeseen circumstance

The ongoing existence of rent indexation clauses seems to have come to an end this year.

18 March 2024

Landlords beware: rent indexation does not apply under certain circumstances!

(Update 5 October 2023) On 3 August 2023, the Amsterdam court handed down a remarkable ruling on residential rent increases.

26 February 2024

The Good Landlordship Act

The Good Landlordship Act (Wet Goed Verhuurderschap) entered into force on 1 July 2023. The purpose of the Good Landlordship Act is to prevent and counter undesirable rental practices. The behaviour of lessors and letting agents is central to this.