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Renting a space for business for a short period: how does it work?

As an entrepreneur, you can rent business premises for a short period, but the rules vary significantly by type. For 290 business premises (retail/hospitality), a separate regulation applies to leases of two years or less; for 230a business premises (office/storage)...

Published on October 15, 2020 by MKBjuristen.nl
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As an entrepreneur, you can rent business premises for a short period, but the rules vary significantly by type. For 290 business premises (retail/hospitality), a separate regulation applies to leases of two years or less; for 230a business premises (office/storage), the situation is different.

Two types of commercial space

Tenancy law distinguishes between 290 business premises (such as shops, hospitality establishments, and takeaway businesses, with a space accessible to the public) and 230a business premises (other spaces such as offices, storage, and practice rooms). Tenant protection differs fundamentally, and this has implications for short-term leases.

Short-term rental at a 290 business space

For 290 business premises, where location is often crucial, strong tenancy protection applies with terms of, in principle, five plus five years. However, there is an exception for leases of two years or less: in that case, the protective terms and termination rules do not apply, allowing you to rent or lease flexibly for short periods.

Short-term lease on a 230a business property

With a 230a business premises, there is much more contractual freedom and no fixed minimum terms. The most important protection is eviction protection: after the end of the lease, the tenant can ask the court for a stay of eviction. Short-term leases are easy to agree upon here.

Clearly record the term and type

Whether you are renting or letting, clearly specify the type of space involved and the applicable term. An incorrect classification or an unintentional exceeding of the two-year limit can unintentionally lead to full tenant protection. Therefore, have the contract reviewed.

Frequently Asked Questions

Am I allowed to rent a retail space for a short period?

Yes, for a 290 business premises of two years or less, an exception applies, meaning the protective periods do not apply.

What happens if I go over the two-year mark?

In that case, the full tenancy protection of the 290 Regulation may still take effect. Monitor the time limit carefully.

What is the difference compared to an office space?

An office or storage facility is usually a 230a business premises with greater contractual freedom and eviction protection only.

A lease agreement for commercial premises?

Our legal experts draft or review your commercial lease agreement . View our tenancy law team or schedule a free consultation .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

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