Tenancy law

What we do

Tenancy law governs the leasing and renting of residential and commercial premises. In practice, the rights and obligations arising from a lease agreement do not always prove to be entirely clear. For instance, there are statutory rules regarding rent adjustments, service charges, and who is responsible for maintenance. Clearly defining expectations in advance can prevent conflicts at a later stage. Nevertheless, conflicts cannot always be avoided. Rent arrears, renovations, or unlawful subletting can lead to a strained tenancy relationship. We have extensive experience in resolving tenancy disputes, both in and out of court. We have an experienced team of lawyers and legal experts in the field of tenancy law.

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The three rental regimes: why classification determines everything

Tenancy law does not have a one-size-fits-all approach. The law (Book 7, Title 4 of the Dutch Civil Code) distinguishes three regimes, each with its own mandatory protection rules: residential premises, retail business premises pursuant to Article 7:290 of the Civil Code (shops, hospitality establishments, craft businesses), and other business premises pursuant to Article 7:230a of the Civil Code (offices, factories, storage facilities, showrooms). Which regime applies does not depend on what the parties have written in the contract, but on the actual nature and use of the space. This classification determines tenant protection, notice periods, and the possibilities for adjusting the rent. An incorrect assessment can have major consequences: from a landlord unable to vacate their property to a tenant unintentionally losing their term protection. Our lawyers and in-house counsel assess, for both an international corporation and the baker on the corner, under which regime a space falls and what that means for the negotiating position.

290-business premises: shops, hospitality and strong tenant protection

Business premises with a point of sale accessible to the public fall under Article 7:290 of the Dutch Civil Code: shops, supermarkets, restaurants, cafes, takeaway and delivery services, hotels, and craft businesses. Extensive, semi-mandatory tenant protection applies to these “retail business premises.” In principle, the lease agreement features the so-called 5+5 structure of Article 7:292 of the Dutch Civil Code: an initial period of five years which is automatically extended to ten years, after which the agreement continues indefinitely unless validly terminated. The notice period is at least one year. A landlord cannot simply terminate the lease: he is bound by the grounds for termination specified in the law (Articles 7:293, 7:294, and 7:296 of the Dutch Civil Code), such as poor tenancy, urgent personal use, or a reasonable balancing of interests after the first ten years. Deviating from these rules to the detriment of the tenant is only possible with the approval of the sub-district court judge (Article 7:291 of the Dutch Civil Code). We guide landlords through a substantiated termination and assist tenants who wish to protect their business operations and investments.

230a business premises: offices and limited protection

If a space does not fall under residential space or 290-business premises, the regime of Article 7:230a of the Dutch Civil Code applies. Typical examples are offices, factories, warehouses, and showrooms. Tenant protection is much more limited here: the parties determine the duration and the notice period (often only one month) themselves, and the landlord is not required to provide a statutory ground for termination. However, the tenant does have eviction protection: after a written notice of eviction, he may remain in the leased premises for another two months, and the subdistrict court can extend this period by a maximum of one year at a time at the request of the tenant, up to a total of three years. Because contractual freedom is greater here, protection lies precisely in a sharply drafted contract. Our legal experts draft and review lease agreements for office and business space to prevent surprises afterwards.

Tenant protection for residential properties

Tenants of residential accommodation enjoy extensive statutory protection. A landlord can only terminate the lease on one of the grounds exhaustively listed in Article 7:274 of the Dutch Civil Code, such as poor tenancy, urgent personal use, a refusal of a reasonable offer for a new lease agreement, or the implementation of a zoning plan. In the case of urgent personal use, the landlord must also demonstrate that the tenant can obtain suitable alternative accommodation, and a balancing of interests must take place. In addition, rules apply regarding rents, service charges, and maintenance. We advise private landlords, housing corporations, and tenants alike on their position and, where necessary, conduct proceedings before the sub-district court.

Rent review and service charges

The rent is not fixed indefinitely. In the case of 290-business premises, both parties may, pursuant to Article 7:303 of the Dutch Civil Code, request a further determination of the rent after the expiration of the first lease period, and subsequently every five years in the case of an agreement for an indefinite period. The court then assesses the rent against the average of comparable business premises in the area over the preceding five years, usually based on the advice of an expert (the Business Lease Advisory Committee). In addition, indexation clauses, service charge settlements, and the division of maintenance responsibilities regularly lead to disputes. We calculate, substantiate, and litigate regarding rent adjustments and service charges for landlords who wish to protect their return and for tenants who do not wish to pay too much.

Common rental disputes

Conflicts often arise concerning rent arrears, defects and overdue maintenance, termination and eviction, subletting and substitution, renovation, and the level of rent. In the case of 290-business premises, a tenant is entitled to substitution under certain conditions (Article 7:307 of the Dutch Civil Code): they can have a successor placed in the lease agreement, for example upon the sale of the business, if necessary with authorization from the court. We handle these disputes both out of court, through negotiation and mediation, as well as in summary proceedings and main proceedings. In doing so, we consider not only legal but also commercial aspects: maintaining a good tenancy relationship is often worth more than winning.

Part of our real estate law

Tenancy law is a specialty within our broader Real Estate Law. Many tenancy issues touch upon other real estate topics, such as guidance on the purchase and sale of real estate (rented properties are often transferred with existing lease agreements), construction law issues during renovations, and neighbour law. Because our teams combine lawyers and in-house counsel, we can easily switch between advice, contract work, and litigation, for clients ranging from international corporations to independent entrepreneurs.

Frequently asked questions about tenancy law

What is the difference between 290 and 230a business premises? 290 business premises (Article 7:290 of the Dutch Civil Code) are premises with a point of sale accessible to the public, such as shops and hospitality establishments, with strong tenancy protection. 230a business premises (Article 7:230a of the Dutch Civil Code), such as offices and warehouses, offer more flexible agreements and only protection against eviction.

How long does a lease for a shop run? For 290 business premises, the 5+5 structure of Article 7:292 of the Dutch Civil Code applies in principle: five years, extended to ten years, thereafter for an indefinite period, unless validly terminated with a notice period of at least one year.

Can I, as a landlord, terminate the lease of residential property? Only on one of the exhaustive grounds of Article 7:274 of the Dutch Civil Code, such as urgent personal use or poor tenancy, and often only after a balancing of interests by the subdistrict court judge.

Can the rent be adjusted in the interim? For 290-business premises, pursuant to Article 7:303 of the Dutch Civil Code, a further rent may be requested after the initial period and thereafter every five years, assessed against comparable properties in the area.

Do you work for tenants or landlords? For both. We assist landlords, investors, and housing associations as well as tenants, from an international corporation to the baker on the corner.