For tenants and landlords of residential, retail, and commercial properties who want to be in a strong legal position.
Tenancy law governs the relationship between landlord and tenant, with a separate protection regime for residential, retail, and other commercial premises. Our lawyers and in-house counsel assist international corporations as well as the baker on the corner — from drafting lease agreements to rent reviews, defects, and evictions. Practical and legally astute.
Tenancy law attorneys and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
For tenants and landlords, from corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: lease agreement, rent, defects, termination and eviction.Practical specialist legal assistance for entrepreneurs.
Specialist advice on tenancy law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Tenancy Law
Tenancy law governs the relationship between landlord and tenant, with a separate protection regime for residential, retail, and other commercial premises. Our lawyers and in-house counsel assist international corporations as well as the baker on the corner — from drafting lease agreements to rent reviews, defects, and evictions. Practical and legally astute.
Termination of lease agreement
Terminating a lease agreement requires careful consideration. Whether it involves notice, dissolution, or termination by mutual consent – we guide both the tenant and the landlord, from international corporations to the baker on the corner.
With our broad expertise in tenancy law, we serve various organizations dealing with tenancy law. We provide legal advice to both SMEs and international companies. Our services are characterized by high quality, specialization, and reliability.
With our broad expertise in tenancy law, we serve various organizations dealing with tenancy law. We provide legal advice to both SMEs and international companies. Our services are characterized by high quality, specialization, and reliability.
Do you wish to deviate from statutory tenant protection in a commercial lease agreement? In that case, approval from the subdistrict court is often required. Our lawyers and in-house counsel handle the request for landlords and tenants, from international corporations to the baker on the corner.
Is your rental price out of step with the market, or is there a dispute regarding indexation or a rent increase? Our mixed teams of lawyers and in-house counsel advise and litigate – from international corporations to the baker on the corner.
Are you selling or buying a business and do you wish to continue operating at the same business location? With a substitution of parties pursuant to Article 7:307 of the Dutch Civil Code, the lease agreement is transferred to the successor. Our lawyers and (corporate) legal experts assist tenants, buyers, and landlords, from international corporations to the baker on the corner.
Renovation of a leased property touches upon the duty to tolerate, the reasonable proposal, and the relocation allowance. Our lawyers and in-house counsel advise landlords and tenants, from international corporations to the baker on the corner.
Tenancy law governs the relationship between landlord and tenant: what is permitted, what is required, and who is responsible for what. It makes a clear distinction based on what is being rented—residential space, retail and hospitality space, or other commercial space—and each type is subject to its own, partly mandatory, protection regime. Anyone who knows under which regime their tenancy falls knows their rights and their room to negotiate.
Our lawyers and in-house counsel assist both landlords and tenants, from international corporations to the baker on the corner — from drafting lease agreements to stalled eviction proceedings.
Residential space, retail space or other commercial space
The law recognizes three main categories. Residential premises enjoy the strongest tenant protection. Commercial premises for small and medium-sized enterprises — shops, hospitality establishments, takeaway businesses — fall under Article 7:290 of the Dutch Civil Code and offer term protection: in principle 5 + 5 years (Article 7:292 of the Dutch Civil Code), so that the entrepreneur can recoup their investments. Other business premises, such as offices, warehouses, and distribution centers, fall under Article 7:230a of the Dutch Civil Code and offer no rent price protection, but only eviction protection. The correct classification determines virtually everything that follows.
Drafting and reviewing the lease agreement
Most tenancy disputes can be prevented with a clear agreement. For business premises classified as 290, many provisions are mandatory or semi-mandatory (Article 7:291 of the Dutch Civil Code): deviating to the detriment of the tenant is only possible with the approval of the sub-district court judge. For other business premises, on the other hand, there is a great deal of contractual freedom. We draft lease agreements and general terms and conditions (often the ROZ model) or review your existing contract on the points that really matter.
Rent revision
If you consider the rent for your retail or hospitality space to no longer be in line with market rates, you may request a reassessment of the rent after five years — and thereafter every five years — (Article 7:303 of the Dutch Civil Code). The court will assess the situation against comparable commercial premises in the area over the past five years. A request to the court is only admissible with an opinion from an expert jointly appointed by the parties (Article 7:304 of the Dutch Civil Code). We guide this process for both landlord and tenant.
Defects and maintenance
A landlord must remedy a defect that restricts the enjoyment of the leased property (Article 7:206 of the Dutch Civil Code). If he fails to do so, the tenant may enforce repairs, have them carried out at the landlord's expense, or claim a rent reduction (Article 7:207 of the Dutch Civil Code). Minor, daily maintenance is at the tenant's expense (Article 7:217 of the Dutch Civil Code). We assess whether something legally constitutes a defect and which route leads most quickly to repair or compensation.
Notice of termination, cancellation and eviction
Termination requires careful attention. For business premises under Article 290, the landlord must give notice by registered letter with a notice period of at least one year (Article 7:293 of the Dutch Civil Code) and state the grounds (Article 7:294 of the Dutch Civil Code); the grounds for termination are statutoryly limited (Article 7:296 of the Dutch Civil Code), such as urgent personal use or poor business management. In the event of rent arrears, dissolution and eviction may follow. A single procedural misstep can invalidate a notice of termination; we monitor deadlines, grounds, and form.
Tenancy law for SMEs and corporations
The top end of the market often focuses on large real estate players. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and high-street shopkeepers. Approachable and practical, yet legally sharp — without unnecessary jargon and with a clear path to your goal.
Does it concern ownership, purchase, or construction of real estate?
If the focus is not on the tenancy relationship but on ownership, purchase, delivery, or real estate development, please visit our real estate law. If you would like a custom contract yourself, our commercial lease agreement a good starting point. This page focuses on the tenancy relationship itself: price, defects, termination, and eviction.
What we help with
From drafting a watertight lease agreement to conducting eviction proceedings — our lawyers and legal experts support tenants and landlords in every aspect of tenancy law.
Drafting and reviewing lease agreements and general terms and conditions (ROZ)
Classification: residential space, 290 or 230a business premises (Articles 7:290 and 7:230a of the Dutch Civil Code)
Rent revision for commercial premises (Articles 7:303 and 7:304 of the Dutch Civil Code)
Defects, maintenance and rent reduction (Articles 7:206 and 7:207 of the Dutch Civil Code)
Termination and cancellation of business premises (Articles 7:293 to 7:296 of the Dutch Civil Code)
Rent arrears, dissolution and eviction
Substitution, subletting and contract assignment
Disputes regarding service charges, indexation, and delivery
Litigation before the sub-district court and the district court
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are going to rent out or lease a property and want to properly document the lease agreement
In tenancy law, your starting position determines the outcome. Before we send a letter or initiate proceedings, we establish under which regime your tenancy falls, review the lease agreement and the general terms and conditions, and map out the facts and time limits. In this way, we choose the route—negotiation, settlement, or litigation—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation and your goal, and review the lease agreement and general terms and conditions.
2
Analysis
We establish the tenancy regime, assess your position against the law, and map out opportunities, risks, and timelines.
3
Strategy
We choose the route — advice, negotiation, settlement, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We carry out: from drafting documents and demand letters to litigating regarding termination, rent, or eviction.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Tenancy Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team of corporate counsel and lawyers are specialists in tenancy law. We assist both landlords and tenants with legal matters. We have extensive experience at the negotiating table, are decisive, and can accurately assess opportunities and risks. We understand both the legal world and the business world, enabling us to effectively switch between them. Clear and understandable language is paramount in this regard.
Frequently asked questions about tenancy law
The questions tenants and landlords ask us most often.
Under which rental regime does my property fall?
That depends on the use. A shop, restaurant, or takeaway business usually falls under retail business premises (Article 7:290 of the Dutch Civil Code) with term protection of 5 + 5 years. An office, warehouse, or distribution center falls under other business premises (Article 7:230a of the Dutch Civil Code) without rent price protection. The classification determines your rights, so we always establish that first.
Can I have the rent adjusted after five years?
For business premises classified as 290, this is possible: after every five-year period, you may request a further determination of the rent (Article 7:303 of the Dutch Civil Code), assessed against comparable properties in the area. Recourse to the courts first requires an opinion from a jointly appointed expert (Article 7:304 of the Dutch Civil Code). We guide you through that process.
My landlord isn't fixing a defect, what now?
The landlord must remedy defects (Article 7:206 of the Dutch Civil Code). If this does not happen, you can enforce repairs, have them done yourself at his expense, or claim a rent reduction (Article 7:207 of the Dutch Civil Code). We assess whether something legally constitutes a defect and choose the fastest route to repair or compensation.
How do I correctly terminate a commercial lease agreement?
For business premises under Article 290, you must terminate the contract by registered mail with a notice period of at least one year (Article 7:293 of the Dutch Civil Code), stating the grounds (Article 7:294 of the Dutch Civil Code), which are statutoryly limited (Article 7:296 of the Dutch Civil Code). A single error in the notice period, form, or grounds renders the termination invalid. Therefore, have the termination reviewed in advance.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting or reviewing lease agreements, and negotiations, an in-house counsel is often sufficient. For court proceedings, such as eviction or rent disputes, a lawyer is mandatory at the district court (at the sub-district court, you may also litigate yourself or with a legal counsel). We have both in-house and will determine together with you what suits best.
Does tenancy law also apply to small business owners?
Yes. We help both large real estate parties and the baker on the corner. Especially for the small business owner, the right classification and a good lease agreement make the difference between years of security and an unexpected eviction.
Discuss your situation with a tenancy law specialist.Our tenancy law attorneys and legal experts assist large real estate parties as well as small business owners and private individuals, from corporations to the baker on the corner. Schedule a meeting and know where you stand within a single session.
