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.
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.
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.
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.
GMW lawyers will be happy to help you with all your tenancy issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our tenancy law lawyers will be glad to support and advise you.
Stephanie de Wit
Company law, Insolvency law, Real estate law, Tenancy law Read more about this lawyerGMW 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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9 October 2024
Termination of residential tenancy for landlord’s urgent occupancy
Tenants of residential properties can terminate an indefinite-term tenancy agreement without reason, observing a notice period equal to the rental payment term (unless a minimum duration is agreed upon). This does not apply to the landlord.
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7 October 2024
Municipal Debt Counselling Decree
On January 1, 2021, the Municipal Debt Conselling Decree (hereinafter: "the Decree") entered into force. The Decree imposes on all landlords of residential premises the obligation to report rent arrears of tenants to the municipality.
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28 August 2024
What can a landlord do against administrative enforcement?
Recently, six important rulings were published by the Administrative Jurisdiction Division of the Council of State, clarifying when administrative enforcement is possible against a landlord.
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7 August 2024
The legal division of maintenance and repair costs in tenancy law
Whose responsibility are the costs of maintenance and repair of the property: the tenant or the landlord? It is a question that often leads to discussion and is subject to much litigation. This blog focuses on the statutory regulation and the deviating regulation of the ROZ model contracts.
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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’).
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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.
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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.
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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.
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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.
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