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After termination of a commercial lease, the tenant sometimes enjoys eviction protection: he does not have to leave immediately. However, this statutory protection is limited, and its extension is uncertain. A sound notice period in the contract often offers more stability.
Two types of commercial space
Tenancy law distinguishes between 290 business premises (retail, hospitality: with strong tenant protection) and 230a business premises (offices, storage, practice rooms). Eviction protection applies primarily to 230a business premises, where the tenant enjoys less extensive protection than with retail space.
How does evacuation protection work?
In the case of 230a business premises, the lease expires upon termination, but the obligation to vacate is suspended by operation of law for a period following the notice of eviction. Within that period, the tenant may request the court to further postpone the eviction.
Extension is uncertain
The judge weighs the tenant's interest in continued use against that of the landlord. An extension may be granted for limited periods at a time, up to a statutory maximum, but is far from certain. The tenant therefore cannot count on remaining in the premises for a long time.
A good notice period offers more
Because legal protection is limited and uncertain, a well-regulated notice period in the lease agreement often offers more stability — for both tenant and landlord. Therefore, clearly stipulate the duration, termination, and eviction.
Frequently Asked Questions
Do I have to vacate the premises immediately after giving notice?
For business premises classified as Section 230a, this does not apply immediately: the obligation to vacate is suspended by operation of law for a period following the notice, and you may request a postponement.
Do I always get an extension?
No. The judge weighs the interests; extension applies to limited periods up to a maximum and is uncertain.
Does this also apply to retail space?
Retail and catering space (290) has its own, stronger tenant protection. Eviction protection applies mainly to 230a space.
Questions about renting commercial space?
Our legal experts draft or review your commercial lease agreement . View our tenancy law team or schedule a free consultation .
