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Drafting a Commercial Lease Agreement

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SME Lawyers

A template from the internet usually does more harm than good.
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How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

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Free intake

We discuss your company, the purpose of the document, and the key risks.

2

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We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
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Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Daan

We received excellent assistance with our legal questions. The lawyer effectively translated our situation into the document. Our customers are responding positively to the clear general terms and conditions.

Houda

We quickly received the right guidance in a legal landscape unfamiliar to us. Our questions were answered calmly and clearly. The quality fully met our expectations.

Loubna

The lawyer took a practical approach with our company. There was no unnecessary fuss about minor changes outside the scope. Fantastic value for money for this level of expertise.

Karim

They acted quickly when we indicated that it was urgent. They understood that, as a startup, we have different needs than an established corporate. These documents will undoubtedly save us a lot of headaches in the future.

Frank

We had never hired a lawyer before, but this was a very pleasant first experience. They provided not only legal but also practical input. Fantastic value for money for this level of expertise.

Tobias

The promise of a quick start-up was absolutely fulfilled. The lawyer managed to strike exactly the right balance between legal density and readability. A party that delivers on what it promises on the website.

Caroline

From the very first moment, we felt heard. The guidance during the drafting of the general terms and conditions was invaluable. It is clear that they have a passion for entrepreneurship.

Amber

The process went smoothly and was well-organized. The price-quality ratio was good. Everything was delivered neatly and on time.

Amin

We quickly gained the certainty we were looking for. Reviewing and editing our general terms and conditions has significantly improved the quality. A party that delivers on what it promises on its website.

Erik

We ran into a complex contractual issue, but were helped quickly. They understood that, as a startup, we have different needs than an established corporate. Everything was delivered neatly and on time.

Sander

Things moved quickly and the work was carried out meticulously. We found the telephone intake particularly valuable. Our business partners were impressed by the professionalism of the contracts.

Emre

Action was taken quickly and work was carried out meticulously. The discussion regarding specific non-compete clauses was handled very professionally. Our clients respond positively to the clear general terms and conditions.

Nadia

The promises on the website were fulfilled immediately during the first contact. The risks we were willing to take were assessed strictly but fairly. Our customers respond positively to the clear terms and conditions.

Can

We required a tailored approach, and that was handled well. The sharpness in the negotiations with our opposing counsel was impressive. A reliable partner striving for perfection in their documents.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Amira

There was immediate room for our own input and ideas. They managed to forge an extremely complex joint venture agreement in a short timeframe. It is clear that they have a passion for entrepreneurship.

Safae

The direct contact and the absence of hidden costs were the deciding factors. We were also able to ask questions after the initial consultation. Fantastic value for money for this level of expertise.

Farid

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Meryem

The direct translation of our problem into a legal solution was impressive. The adjustments were logical and carefully incorporated. These documents will undoubtedly save us a lot of headaches in the future.

Arno

We had a fairly specific legal issue, but this was no problem at all. The document contained handy fill-in fields for future use, making it highly reusable. The service was professional and personal.

Maha

The intake was personal and concrete. The fixed price upfront instilled confidence. The final result aligns 100% with our high standards.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of your lease agreement depends heavily on a few basic choices. These choices determine which legal regime applies and what protection the parties have. Review them in advance.

Choice or question Why this matters legally
Does it concern retail/hospitality or office/warehouse? Retail and hospitality premises fall under Article 7:290 of the Dutch Civil Code, with strong tenancy protection; offices and warehouses fall under the lighter regime of Article 7:230a of the Dutch Civil Code.
What term would you like to agree on? For 290 business premises, a term of 5+5 years applies in principle; deviating terms may require judicial approval (Art. 7:291 BW).
Is the rental subject to VAT? VAT-taxed rental is only possible under conditions and requires a separate clause and declaration from the tenant.
What assurance do you require? Choose between a security deposit or a bank guarantee and determine the amount, usually a few months' rent.
Who is responsible for which maintenance? Divide maintenance and repair concretely; without an agreement, the statutory division applies, which does not always suit your situation.
Clauses and provisions

Which elements belong in a commercial lease agreement?

A comprehensive commercial lease agreement describes not only the property and the price, but also the agreements regarding maintenance, indexation, security, and termination. Below you will find the components that belong in virtually every agreement and when you should pay extra attention to them.

Provision Relevant to Legal point of attention
Description of the rented Always Record the exact address, surface area, and intended use of the property so that it is clear what has been leased.
Destination and use Always Determine which use is permitted; this also affects the applicable legal regime.
Rent price and indexation Always State the rental price, VAT-taxable rental, and the annual indexation clause.
Term and renewal Always Determine the duration, extension periods, and notice periods, appropriate to the regime.
Surety or bank guarantee With larger interests A security covers rent arrears and damage to the leased property.
Maintenance and repair Always Clearly divide which maintenance is the responsibility of the tenant and which is the responsibility of the landlord.
Delivery condition At the start of the rental A handover report prevents disputes regarding damage at the end of the lease.
General Provisions (ROZ) Often Refer to the applicable ROZ model and adjust the deviations therefrom in writing.
Use in practice

How do you use this document correctly?

A good lease agreement only works if you use it at the right time and do not skip the associated steps. Adhere to the moments below.

Situation What should you do? Point of attention
For signature Check the applicable regime and the duration The wrong regime leads to undesirable binding or loss of protection.
At the start of the rental Create a handover report with photos You record the initial condition and prevent disputes at the end of the lease.
During the term Apply the indexation annually and record changes in writing Verbal agreements are difficult to prove and lead to conflicts.
Upon termination Follow the correct notice period and method An incorrect notice of termination is often invalid, causing the lease to continue.
Common mistakes

Common mistakes

In commercial lease agreements, parties often make mistakes on the same points. In practice, the errors listed below cost the most money and time.

Wrong Consequence Better approach
Wrong legal regime chosen Unintended long-term binding or loss of tenancy protection Determine in advance whether it concerns scope under Article 7:290 or Article 7:230a of the Dutch Civil Code.
No delivery report drawn up Discussion regarding damage and high repair costs at the end of the lease Document the initial condition in a signed official report with photos.
Indexation clause forgotten or unclear Rental prices lag behind the market by years Include a clear annual indexation clause.
Maintenance not divided Unexpected costs and disputes over who pays what Explicitly divide maintenance and repair in the agreement.
Deviating clauses without approval Clause is voidable or unenforceable When deviating from semi-mandatory law, seek timely judicial approval (Art. 7:291 BW).
Risk profile

What is your situation and what do you pay attention to?

Whether you are a landlord or a tenant, and whether it concerns a shop or an office: your points of attention differ. Find the situation that applies to you below.

Risk profile Example Focus in the document
Landlord of a shop or catering establishment You rent out 290-business premises with strong tenant protection Note the 5+5 period and the limited grounds for termination (Art. 7:296 BW).
Tenant of an office or warehouse You rent other business premises under a lighter regime Pay attention to eviction protection and the agreed duration and notice period.
Rental with VAT You want to rent out subject to VAT in order to reclaim VAT Check whether the tenant meets the 90% standard and include a VAT clause.
Property is being sold During the rental period, the property changes ownership Sale does not break lease: the lease agreement continues in the name of the buyer (Art. 7:226 BW).
Additional documents

When is this document not enough?

Sometimes, in addition to the lease agreement, you may need another document or legal assistance. In these situations, we are happy to refer you to the appropriate next steps.

Situation Supplementary document Why
Situation Related document Explanation
You wish to transfer your tenancy rights to a successor Substitution In the event of a business transfer, you can have the lease transferred to your successor (Art. 7:307 BW).
You sublet a part of the property Sublease agreement For subletting, you must record the agreements with the subtenant separately.
The tenant does not pay the rent Debt collection In the event of rent arrears, we help you collect the debt and, if necessary, litigate.
Explanation of this document

Drafting a Commercial Premises Lease Agreement, why?

Not every entrepreneur knows exactly what commercial lease agreements are, when they are needed, and which risks they must cover. That is why we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a lease agreement for commercial premises?
A lease agreement for commercial premises is the agreement whereby a landlord makes space available to a tenant for the conduct of their business. Dutch tenancy law recognizes two categories of commercial premises, each with its own protection regime. Article 7:290 of the Dutch Civil Code (BW) – commercial premises – covers retail space, hospitality establishments, and craft businesses serving the public — here, extensive tenancy protection provisions apply that cannot be deviated from to the detriment of the tenant. Article 7:230a of the Dutch Civil Code (BW) – commercial premises – covers office space, storage space, factories, and other commercial premises — here, a lighter protection regime applies with greater contractual freedom. The choice of the correct tenancy regime determines the rights and obligations of both parties. Our lawyers draft commercial premises lease agreements for landlords and tenants that apply the correct statutory regime, correctly utilize the most recent ROZ 2025 models, and watertightly record commercial agreements regarding rent, intended use, and delivery obligations.
What special tenancy protection applies to business premises under Section 7:290?
Tenant protection for business premises under Section 7:290 is mandatory law and particularly far-reaching. The minimum lease term is five years, followed by an extension option of another five years — the so-called five-plus-five rule. After ten years, the landlord may terminate the lease only on limited grounds: urgent personal use, non-acceptance of a reasonable new proposal from the landlord, or the realization of a zoning plan. The tenant has the right to request a rent review every five years based on comparable rents for comparable premises — the subsequent rent determination. In the event of a transfer of the business, the tenant has the right to assign the lease agreement — substitution — provided the court grants permission and the new tenant offers sufficient guarantees. Our lawyers ensure a Section 7:290 lease agreement that correctly reflects the statutory protection and makes optimal use of the scope for additional agreements.
What are the mandatory elements of a commercial lease agreement?
A comprehensive commercial lease agreement contains at least the following elements: The precise description of the leased property — address, cadastral details, surface area, associated parking spaces, and common areas. The rent, the payment frequency, and the indexation clause. The intended use: the leased property may only be used for the described business activities and not for other purposes without permission. The duration and the termination clause. The security deposit or bank guarantee as security for the landlord. The maintenance and repair obligations: what is borne by the landlord and what by the tenant? The handover report at the start and end of the lease. And the special provisions for specific agreements that deviate from the ROZ model. Our lawyers draft a lease agreement that correctly integrates all legal and commercial elements.
How do you arrange the handover and repairs at the end of the lease?
The obligation to deliver the property at the end of the lease is one of the most conflict-prone provisions in a commercial lease agreement. Must the tenant return the leased property in its initial condition — less normal wear and tear — or in the condition in which he received it, including any improvements he has made? The ROZ Model 2025 contains a detailed delivery arrangement. An accurate delivery report signed by both parties at the start of the lease — including photographs — is essential to determine, at the end of the lease, which damage is attributable to the tenant. Your lease agreement must also specify the procedure for disputes regarding delivery: who determines the deficiencies, what the repair period is, and what penalty or compensation is due in the event of non-compliance? Our lawyers draft a delivery arrangement that prevents disputes afterwards.
How does it work at MKBjuristen?
After a brief intake regarding the rental property, the tenant, the lease term, and the desired terms, our lawyers draft a commercial space lease agreement based on the most recent ROZ 2025 models — the correct model for Section 7:290 or Section 7:230a, depending on the nature of the space. We also handle the handover report and advise on the special provisions that supplement the standard ROZ text.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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