Landlords must be alert to criminal use of commercial premises

The number of commercial premises used for criminal activities — from drug production to storage — is increasing. For landlords, this entails significant risks: damage to the property, but also closure by the mayor and legal problems. Vigilance and sound contractual agreements are essential.

A growing risk for landlords

Criminals are increasingly seeking out business premises for illegal activities, such as the production or storage of drugs, as well as other crimes. As a landlord, you run a risk as a result: not only can your property be severely damaged (think of a cannabis grow operation), but you also have to deal with the consequences of government action.

Closure by the mayor

If drugs are found, the mayor can close the property under the Opium Act, even if you, as the landlord, are not at fault. You will then be temporarily unable to rent out the property, resulting in a loss of income. If you can demonstrate that you acted with due care, you will be in a stronger position against such a closure and when recovering damages from the tenant.

Screen your tenant

Prevention starts with proper selection. Check who you are bringing on board: ask for their identity, the nature of the business, an extract from the Commercial Register, and any references. Be alert to signals such as cash payments, unusual requests, or a vague business objective. Careful screening reduces the risk.

Record agreements in the rental contract

Include clauses in the lease agreement that protect you: a ban on illegal activities, a right to inspect the property (with prior notice), and the option to terminate the contract quickly and recover damages in the event of abuse. Respond immediately to any warning signs. This limits your risk and puts you in a strong position if things do go wrong.

Frequently Asked Questions

Can my property be closed if a tenant produces drugs?

Yes, the mayor can close the premises under the Opium Act, even if you are not at fault. Acting with due care strengthens your position.

How do I prevent criminal use?

With proper screening of the tenant, alertness to warning signs, and protective clauses in the lease agreement.

Can I recover the damages from the tenant?

Often yes, especially if your lease includes a prohibition and a damage clause. A good contractual basis is crucial in this regard.

Protect your rental against criminal use?

Our legal experts incorporate the correct clauses into your lease agreement and advise on a (threatened) closure. View our tenancy lawteam or schedule a free consultation.