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For chair rental (for example, a hairdresser or pedicurist renting a chair in your salon), you need more than just a rental agreement: it is a far-reaching collaboration. Document the agreements in both a rental agreement (for the space) and a collaboration agreement (regarding marketing, shared resources, and customer communication), and ensure that no hierarchical relationship arises (Employment Relationships Act), as this involves two independent entrepreneurs.
If you have an office or salon that is just a little too big, chair rental can offer a solution: you reduce accommodation costs and expand your services. A beautician, for example, can rent out a chair to a pedicurist or nail stylist. However, a rental agreement alone is not enough.
You need a cooperation agreement
There are risks associated with chair rental: the self-employed professional to whom you rent can damage your image. Therefore, make clear agreements, for example regarding customer communication and marketing. You often share more than just a chair—think of shared resources or payment terminals. You record these agreements in a cooperation agreement.
Important: comply with the DBA Act. The chair renter and the chair landlord are two independent entrepreneurs, so there must be no hierarchical relationship between them — otherwise, a (fictitious) employment relationship may arise. This is a reason to have the agreement drafted by a lawyer.
You also need a rental agreement
In addition, you enter into a rental agreement for the square meters you make available, including the rental term and notice period. There are no fixed guidelines for the rental price. Please note if you are a tenant yourself and wish to become a chair lessor: you usually need permission from your own landlord first.
Link both agreements
Link the partnership agreement and the lease agreement, with the lease agreement taking precedence: if the lease ends, the partnership agreement automatically expires. Include this clearly, along with agreements regarding what should happen then and how the termination proceeds.
Frequently Asked Questions
Do I only need a rental agreement for chair rental?
No. In addition to the rental agreement for the space, you need a cooperation agreement, because chair rental is an extensive collaboration involving agreements regarding marketing, shared resources, and customer communication.
Why is the DBA Act important for chair rental?
Because both the tenant and the landlord are independent entrepreneurs, if a relationship of subordination arises, this may constitute a (fictitious) employment relationship, with tax implications.
Am I, as a tenant, allowed to sublet a chair myself?
Often only with permission from your own landlord. Check your rental agreement before you start renting out chairs.
Legally arranging chair rental properly
The legal experts at MKB Juristen draft both the lease and the cooperation agreement and review your own lease agreement. View our expertise in contract law or contact us.
