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Having a substitution agreement drawn up by a specialized SME lawyer typically costs between 350 and 900 euros for a three-party agreement, depending on the complexity and the landlord's cooperation. If the matter leads to a court case before the sub-district court pursuant to Article 7:307 of the Dutch Civil Code, additional legal costs will apply. For that investment, you receive an agreement that watertight regulates the transfer of the lease, releases the previous tenant, and correctly settles the securities for the landlord.
The short answer
- Agreement costs: approximately 350 to 900 euros with a specialized lawyer.
- In the event of proceedings: expect additional costs for court fees and legal assistance.
- Lead time: a few days to two weeks with the landlord's cooperation.
- Basis: Article 7:307 of the Dutch Civil Code for retail and hospitality premises.
- What you get: a binding deed with a transfer date, release of the previous tenant, and guarantees.
How much does it cost to have a substitution of parties drawn up?
The price depends on how complex the situation is. A simple acquisition where the landlord cooperates costs less than a case involving a rental dispute or a larger business acquisition. Roughly speaking, you will see these ranges:
- Standard three-party agreement: 350 to 600 euros, landlord cooperates.
- Negotiated agreement: 600 to 900 euros, for adjustments or additional collateral.
- Legal advice plus petition to the subdistrict court: from approximately 1,000 euros, for a refusing landlord.
- Court fee: a statutory fixed rate charged by the court in proceedings.
These amounts are an indication. Always request a quote or a fixed rate in advance so that you are not faced with any surprises.
The process step by step
- Intake: the rental agreement, the sales agreements, and the details of the new tenant are reviewed.
- Legal assessment: is it commercial premises for small and medium-sized enterprises and is there a substantial interest?
- Drafting the agreement: the tripartite deed with transition date, termination, and safeguards.
- Submit to the landlord: upon cooperation, all parties sign.
- If necessary, to the court: in case of refusal, a request for authorization pursuant to Article 7:307 of the Dutch Civil Code.
When will it get more expensive?
Costs increase as soon as disagreement arises or the situation is legally more complex. The key factors:
- Refusing landlord: going to the subdistrict court costs time and money and requires proof of a substantial interest.
- Rental dispute or arrears: outstanding points must be resolved first.
- Unclear rental agreement: old or incomplete contracts require extra investigation.
- Larger acquisition: if goodwill, personnel, and inventory are included, more coordination is required.
- Doubts regarding guarantees: a less solvent new tenant requires more substantiation.
For offices and other spaces (Article 7:230a of the Dutch Civil Code), there is no statutory right to substitution. In such cases, everything revolves around negotiation with the landlord, which can affect the duration and costs.
Practical example
A hairdresser sells his salon and wants to transfer the lease to the buyer. The landlord cooperates but requires a new bank guarantee. An SME lawyer drafts the tripartite agreement, including a transition date, the termination of the previous tenant, and the new security. The entire settlement takes ten days and costs 550 euros. Because no legal proceedings are required, costs remain limited and the sale can be completed on time.
Honest recommendation
You don't always need a lawyer. If the landlord cooperates, the lease is straightforward, and the new tenant is financially sound, you can get a long way with a good standard agreement and attention to the termination of the previous tenant. You will then save the majority of the costs.
Do have the agreement drawn up if the landlord is being uncooperative, if there is a rent dispute or arrears, or if the substitution is part of a larger business acquisition. In those cases, the investment of a few hundred euros is small compared to the risk that the acquisition stalls due to the lease agreement or that you are held liable for the rent later on. Ask for a fixed rate in advance, so you know where you stand.
Want to know more? View the substitution as a contract, read what a substitution is , and see how to draft a substitution .
Frequently Asked Questions
With a specialized SME lawyer, the cost for a three-party agreement is typically 350 to 900 euros. In the event of a recalcitrant landlord and recourse to the sub-district court, additional costs for court fees and legal assistance are added, often starting from around 1,000 euros.
If the landlord cooperates, the agreement is often finalized within a few days to two weeks. If it results in proceedings before the subdistrict court, it takes considerably longer, depending on the court's schedule and the complexity.
Costs increase in the event of a reluctant landlord, a rental dispute or arrears, an unclear lease agreement, or a major business acquisition involving goodwill and personnel. A less solvent new tenant also requires more substantiation and therefore more work.
A comprehensive tripartite agreement including the transition date, the explicit termination of the previous tenant, securities for the landlord, and confirmation that the lease continues unchanged. In the event of a dispute, also advice regarding the chances of success before the sub-district court.
Usually not. Many landlords cooperate if the new tenant is solvent and the collateral is in order. Proceedings under Article 7:307 of the Dutch Civil Code serve as a fallback in case the landlord refuses without good reason.
No. The statutory right of substitution applies only to retail business premises. For offices and other spaces (Article 7:230a of the Dutch Civil Code), the takeover depends entirely on negotiation with the landlord, which can affect the duration and costs.
For a simple takeover with a cooperative landlord, a good standard agreement can get you there. Ensure that the termination of the previous tenant and the transfer date are clearly stated in the text. In the event of resistance or a dispute, professional help is advisable.
