Christy Funsch23


Terminating Rental Agreement Netherlands

The lessor and lessor may terminate a commercial lease by termination at the end of the original period, usually five years. However, the big difference is that the tenant does not have to give a reason to do so, whereas the landlord can only terminate the tenancy agreement in two specific situations. These are described by law. In short, the law provides that an owner of the so-called “290 commercial premises” can only terminate the lease in the event of “mismanagement” of the lessor and when the lessor urgently needs the commercial premises for his own needs. This category of commercial space includes the shop (retail area). Some expatriates come from countries where the owner handles all the issues related to their rental. Expats who have been said to sometimes mistakenly believe that this is also the case in the Netherlands. Remember that the rental rules here are different! In the Netherlands, rentals and accommodations are generally unfurnished or “ongemeubierd”. A non-bled property has the following characteristics: Please note that an oral contract is valid but is not very common (mainly for safety reasons). Since a verbal agreement is more difficult to prove, you should take a witness with you if you wish to enter into an oral agreement. In general, there is only one type of lease, the business leasing agreement. This issue is governed by the law of obligations. In particular, the rental of commercial premises and commercial buildings is subject to the Commercial Building and Commercial Leasing Act, which is in force in both Republika Srpska and Bosnia and Herzegovina.

After the end of the second term, usually five years, the tenant and the lessor can terminate the tenancy agreement. Here too, the tenant does not need to give a reason. For the owner, the law now offers more leeway to terminate the lease. In addition to the reasons for termination mentioned above – mismanagement of business or premises essential for the personal use of the owner – there is now a third possibility. If the tenant refuses a reasonable offer of a new tenancy agreement, this may also lead to the termination of the tenancy agreement. Literature and jurisprudence debate a great deal about what a reasonable offer is. This differs from case to case. The Urban Leases Act distinguishes between commercial and residential rents, more protective legislation for tenants who hold urban leases.

Commercial leases are first subject to the agreement of the landlord and tenant and, in the absence of agreement, to Title III of the municipal rent law (sections 29 to 35). As an additional right, the Civil Code is applied. If you opt for a furnished apartment, it will probably be fully furnished. This means that it is so important to read your contract carefully before moving into your new Dutch building! Our page on the dangers of renting in the Netherlands will explain why! It is important to pay attention to hidden defects, including in Dutch homes. A Dutch judge will not easily grant permission to dislodge a property. The court must expect that there will be a considerable chance that a judge will terminate the lease in “regular” judicial proceedings.