2 December 2024
Eviction of Commercial Property Due to Rent Arrears
Under Article 7:212 of the Dutch Civil Code and the lease agreement, a tenant is required to pay the rent in full and on time.
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Protected rents protect lessees from the termination of the lease by the lessor.
In this case the lease does not end automatically unless the lessor has terminated it legally. The lease agreement does not come to an end either if the agreed lease period has expired or the plot of which the leased premises forms part is sold. The lessor must have a valid reason to terminate the lease agreement.
If your lessor terminates the lease agreement and you do not agree with this, the lease contract continues to run. In that case the lessor will have to go to court. The district court should then decide whether the lease agreement must be terminated and the leased premises must be vacated. The district court will terminate the lease agreement only if the reason given by the lessor is legally valid.
The grounds for termination are laid down by law and are as follows:
If the lessor terminates the lease, they must observe the periods of notice contained in the law.
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.
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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2 December 2024
Eviction of Commercial Property Due to Rent Arrears
Under Article 7:212 of the Dutch Civil Code and the lease agreement, a tenant is required to pay the rent in full and on time.
Read more
18 November 2024
Affordable rent act
In recent years, the housing market has undergone significant changes. Transfer tax and the box-3 tax have been increased, the buyout protection and Good Landlord Act have been introduced, and temporary rental contracts are being abolished.
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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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