Lease Agreement Amsterdam


    Commercial leases are the least regulated of the three types of leases under Dutch law. A commercial lease is generally suitable for factories, offices, warehouses, etc. The parties can freely negotiate the lease period and the amount of the rent. The termination of commercial leases under Dutch law is not strictly regulated. However, there are requirements as to how the termination should be served on the tenant: either by subpoena or by letter recommended for the acknowledgement. In addition, at the end of the termination, the tenant has a two-month protection period. The tenant can also ask the court for this protection to be extended for up to three years. Retail leases must be for up to two years or at least five years and extended for a second five-year period (or a sufficient number of years to cover a total of 10 years). Under the right to rent in the Netherlands, there are therefore three separate legal provisions for commercial, retail and residential tenancy. All three types of leasing can be for a fixed or indeterminate period. If the lease is completed, but the landlord does not yet intend to reside in the house, it is possible to enter into the same lease with a new tenant. Section 3.5 provides that the tenant loses a fine if he does not retire on the agreed date. If the tenant increases the fine in court proceedings, the court cannot always accept the fine.

    A new landlord must also terminate the lease if he wishes to terminate the lease. The lease does not end if the house is sold (“the purchase does not break the lease”); the new owner will continue the existing lease. If the new owner wishes to terminate the lease, he is bound by the legal rules of termination. The leerstandsrechtliche Vermietung ist nur nach einer erer obtaineden Leerstandsgenehmigung der Gemeinde meglich. In the rental agreement, different data of the vacancy authorization are listed. If this is not the case, the vacancy law is not applicable and the tenant is entitled to regular rental protection. Clearly and unambiguously record the type of lease and the (minimum) duration of the lease. This avoids ambiguities and discussions.

    If you are not sure that your current contracts are properly protecting your rights, seek advice from a lawyer. The lessor cannot prematurely terminate a short-term lease of less than two years.