Are you looking for a rental lawyer in the Netherlands? A Dutch law firm that specializes in Dutch rental law, perhaps?
Aroon Gonesh has been a rental law lawyer in the Netherlands for more than 18 years.
Dutch rental law includes all rights and obligations arising from the lease agreement that tenants and landlords have over properties and spaces. This may involve individuals as tenants, but also businesses as tenants. Before entering into or reviewing a lease, it is very important to find out which legal regime applies. This is important because some statutory tenancy law provisions are mandatory. This means that they may not be deviated from to the detriment of the tenant. This is also a reason why you should always have a rental agreement reviewed or drawn up by a rental law attorney or other legal professional.
When it comes to renting real estate in the Netherlands, Dutch law makes a distinction between residential property and commercial property. Different legal provisions apply to residential premises and business premises.
And for business premises, again, there is a legal subdivision into two different types of business premises, namely:
Different legal rules also apply to the two different types of business premises, especially with regard to duration and termination.
In Dutch rental law, housing space exists when it concerns a built immovable property that is rented out as an independent or non-independent dwelling. When renting out residential property, the tenant enjoys legal protection. Many statutory provisions cannot be derogated from to the detriment of the tenant by lease. The legal regime regarding living space does not apply to vacation homes because the use of such homes is, by its nature, of short duration. The statutory protection rules also do not apply to temporary rentals of independent living space (for a maximum of 2 years).
With article 290-business premises you should think of business premises such as stores, restaurants and cafes. These types of businesses have a point of sale to the public in the leased space. In the 290-business premises there is thus a place accessible to the public for the direct supply of goods or services. According to the Supreme Court, the important thing is that there must be "an outlet in relation to the public". However, the requirement is not that there must be a private room or area. In addition, hotels and campsites are also covered by this legal rental regime.
Examples of 290-business premises are:
The most important statutory regulation applicable to 290-business premises is that of the rental period. When leasing 290-business premises an initial rental period of five years applies by operation of law, unless a longer period has been agreed. At the end of this five-year lease, the lease is extended by operation of law by five years. If the tenancy has not been terminated after the expiry of ten years, it is then valid for an indefinite period. The tenant of 290-business space is thus assured of a long rental period.
No agreements to the contrary may be made between the tenant and the lessor of 290-business premises to the disadvantage of the tenant. Shorter leases (than five years) of 290-business premises are, in principle, possible but if the tenant's use of the 290-business premises has actually lasted longer than two years, then, in principle, the lease for a minimum rental period of five years will apply by operation of law.
The possibilities of giving notice of termination of a lease relating to 290-business premises are limited. Both the lessor and the lessee can only terminate such a lease at the end of the agreed term.
In that case a notice period of at least one year applies. A contract for an indefinite period in respect of 290-business premises can be terminated at any date, by either the tenant or the lessor. In all cases the lessor can only terminate the contract if he states the reason(s) for the termination. This requirement does not apply to the tenant. The most common grounds for termination are improper tenancy and urgent own use of the landlord. Bad tenancy" or "improper tenancy" may exist if, for example, the rent is structurally not paid (or not paid on time). The mere notice given by the lessor is not sufficient to actually end the lease of 290-business premises. If the tenant does not agree to the termination of the lease by the lessor within six weeks, the lessor must go to the subdistrict court to have the termination judicially reviewed. A lease relating to 290-business premises cannot therefore be terminated prematurely. However, interim termination by mutual consent of the tenant and the landlord is of course possible.
The law has given a limited number of grounds for termination to the lessor of 290-business premises. Which ground for termination the lessor of 290-business premises would be entitled to depends on the (expired) lease term(s). It is not permitted to include provisions in the lease regarding 290-business premises that deviate from the statutory rules if that is to the detriment of the tenant, unless those deviating provisions have been approved by the Subdistrict Court.
With 230a-business premises, according to rental law, you should think of offices, factories, theaters and museums. 230a-business space is a space that is not publicly and publicly accessible. Offices and factories fall within the scope of this article. A museum or cinema is not public either. After all, a ticket must be purchased for admission. The 230a-business area is actually a kind of residual category. If a leased property does not fall under the regime of residential accommodation or 290-business premises, it is by definition 230a-business premises.
The termination of a lease relating to 230a-business premises is relatively easy for the landlord to effect. A tenant only enjoys eviction protection upon termination, and thus no protection against the termination itself. The tenant can request the court to extend the eviction period by up to one year. However, this is not always granted. A reason often given for eviction protection is that the tenant would need time to move to other business premises. In any case, the eviction protection period is only up to three years after the date on which eviction of the leased property has been announced.
The tenant of a 230a business premises has considerably less legal protection than the tenant of a 290 business premises. With 230a business premises the lease term is free of form. The lease with respect to 230a business premises can therefore also be concluded for a limited period. In practice, a lease period of one (1) year is often agreed upon when leasing 230a business premises. This rental period is then often automatically extended. It is also legally possible to rent 230a business premises for an indefinite period of time. If the lease is entered into for a definite period, it will end automatically when the agreed definite period expires. A lease concerning 230a business premises entered into for an indefinite period ends by termination. Such termination may be effected by the tenant or the lessor. A ground for termination is not necessary. However, a notice period must be observed when terminating a lease contract for an indefinite period in respect of 230a business premises. Unless another notice period has been agreed upon, the notice period is equal to the payment period. If the rent must be paid monthly, the notice period is therefore also one month.
Under Dutch law, the tenant and landlord are not free to choose which rules apply to their lease. It is not the text of the parties' lease itself that is decisive, but the content and the way in which the agreement is implemented by the landlord and the tenant in practice.
If a contract meets the legal requirements of a particular regime, then the legal provisions of that regime apply to the case. In addition, it is not possible to deviate from the mandatory provisions to the detriment of the tenant.
With mandatory rental law, deviation by the parties is not allowed. In other words, the parties cannot agree on anything other than what the law imperatively prescribes. If the parties nevertheless deviate from mandatory law in their agreement, the lease is invalid and void on this point. Legally, the agreement (with retroactive effect) never existed, and had no legal effect. The law takes precedence and determines the content of the agreements.
Gonesh Advocatuur is a specialized law firm for rental law. Aroon can assist you as a Dutch tenancy attorney (among other things) if, for example, you are faced with any of the following tenancy law issues:
If you are interested in a non-binding discussion about your rental law case in the Netherlands, please contact Aroon.
As a Dutch rental law lawyer, Aroon is happy to discuss with you confidentially and without obligation what he can do for you.
When you are faced with a rental law problem, you don't want just any lawyer. You want a good rental law attorney. If possible, the best rental law attorney for you and your rental case.... I strive to be that for my clients. Constantly. A good lawyer rent law in The Hague. Advocacy is not my job ... it is my passion. The trust that clients have in me for that reason is a matter of honor for me. Their interest is always leading for me as a lawyer. That is what drives me.
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