Legal assistance with commercial lease disputes
Dispute with Tenant or Landlord
Have your position assessed — for both tenant and landlord of commercial space
Conflict regarding rent, defects, termination, rent arrears, or substitution? MKBjuristen advises both tenants and landlords of commercial premises. We determine which tenancy regime applies and what your strongest course of action is. Fixed price.
- First consultation free and without obligation
- Assessment of your legal position, evidence, and risks
- Advice on demands for payment, negotiating, or litigating
- Assistance from lawyers and experienced in-house counsel
- Fixed rates per step where possible
Mr. Jaime Boogaers
Real Estate Law & Tenancy Law · Lawyer
The type of commercial space determines everything. Legally, an office tenant is in a very different position than a retail tenant. We assess that distinction first — because the wrong approach will cost you rights that you will not get back later
- Practical legal advice
- Quick clarity on next steps
- Focused on both the solution and the evidentiary position
- No unnecessary escalation
- We worked for, among others:
Sound familiar?
Rental disputes can escalate quickly if you do not take the right steps in time. Do you recognize any of these situations?
The other party fails to honor agreements
There is a dispute regarding payment, delivery, quality, payment terms, or agreements made.
You are unsure how to respond
An incorrect response can be interpreted as an acknowledgment, promise, or waiver of rights.
The situation threatens to escalate
The tone becomes sharper, payment is withheld, or the other party threatens legal action.
You want to know whether litigation is wise
Not every case is suitable for proceedings. First, the chances, costs, evidence, and risks must be clear.
Do not react too quickly without a strategy.
An email, promise, or threat can be used against you legally later.
An email, promise, or threat can be used against you legally later.
What would you like to know more about?
Dispute with tenant or landlord
Dispute with customer
Dispute with supplier
Dispute with staff
Dispute with business partner
When do you need legal assistance with a rental dispute?
Rental disputes concerning commercial premises can directly impact the continuity of your business. Whether you are a tenant dealing with defects, an unjustified termination, or an incorrect rent increase—or a landlord dealing with a non-paying tenant or a tenant using the premises improperly: the legal rules are complex and the stakes are high.
Important: in the event of a rental dispute concerning commercial premises, you cannot go to the Rent Commission. That is only for residential properties. You must rely on negotiation, mediation, or the sub-district court. Have your position assessed before taking action.
290 business premises or 230a business premises: a crucial difference
The type of commercial premises fully determines your legal position as a tenant or landlord. This is the first thing we assess.
Business premises under Article 7:290 of the Dutch Civil Code comprise spaces accessible to the public, such as shops, hospitality businesses, hotels, and craft businesses. Tenants of business premises under Article 290 enjoy strong statutory tenancy protection: a minimum lease term of five years with automatic renewal for another five years, limited termination
options for the landlord, and the right to compensation for relocation and furnishing costs in the event of a forced vacancy.
Article 7:230a of the Dutch Civil Code (BW) concerning business premises covers other business premises such as offices, storage spaces, factories, and practice rooms. Here, there is greater contractual freedom. The lease term and termination can be agreed upon more freely, but in the event of non-vacation at the end of the lease, the tenant is entitled to eviction protection through the court.
The most common rental disputes
Rental disputes most frequently arise over six topics.
Defects in the leased property. The landlord fails to maintain or repair defects. As a tenant, in the event of defects, you may claim a rent reduction, remedy the defects yourself (or have them remedied) and offset the costs, or demand dissolution of the lease agreement in the event of serious defects.
Rent arrears and eviction. The tenant is not paying or is paying late. As a landlord, you can terminate the lease agreement and demand eviction — but this requires proper procedure through the subdistrict court.
Termination by the landlord. A landlord cannot simply terminate a 290 business premises lease. Termination is only possible on statutory grounds, such as urgent personal use, renovation, or breach of contract by the tenant. A termination without grounds or without proper procedural steps is void.
Rent review. For 290 business premises, both the tenant and the landlord may request a rent review once every five years based on the market rent. The parties may also have an expert appointed or engage the sub-district court.
Substitution of parties. You wish to sell your business, and the new owner wants to take over the lease agreement. The landlord is uncooperative. You can request authorization for substitution of parties through the subdistrict court.
Use of the space. The tenant is using the space in a manner other than that contractually agreed. As the landlord, you may demand performance or, in the event of a serious breach, dissolution and eviction.
What should you do first in the event of a rental dispute?
Always respond in writing to a notice of termination or any other formal action by the landlord or tenant. Inaction or responding verbally can cost you your rights.
In the event of termination by the landlord, you, as the tenant of 290-business premises, have six weeks to respond in writing. If you do not respond, the landlord may ask the court to determine the end date of the lease agreement.
In the event of defects: report the defect to the landlord in writing and in a timely manner, and allow a reasonable period for repair. Only then are you entitled to a rent reduction or further legal action.
In the event of rent arrears as a landlord: put the tenant in default and, if necessary, initiate eviction proceedings through the subdistrict court. Eviction without a court order
is prohibited.
First determine your legal position
Before you respond substantively, issue a formal demand, terminate, dissolve, or initiate legal proceedings, it must be clear what has been legally agreed upon and what evidence exists to support this. We review, among other things, agreements, general terms and conditions, quotations, emails, WhatsApp messages, invoices, and prior correspondence.
Not every legal step is immediately wise
Sometimes a brief demand letter is sufficient. Sometimes negotiating is wiser than litigating. And sometimes swift action is necessary to prevent damage or evidentiary problems. The right course of action depends on your interests, evidentiary position, contractual agreements, and the attitude of the opposing party.
Which legal step suits your situation?
Not every dispute requires the same approach. Sometimes a brief consultation is sufficient, while sometimes a formal assessment or negotiation is necessary.
Consulting with a lawyer
from125.-one-time
Quickly brainstorm about your situation and prevent you from reacting incorrectly.
- Contact within one business day
- Concrete answers to your most important questions
- Suitable for an initial legal assessment
Determine legal position
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Have your legal position assessed before taking the next step.
- Assessment of documents and evidence
- Insight into opportunities and risks
- Advice on the best strategy
Negotiating
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If talks stall, we assist with strategy, correspondence, and negotiation.
- Determine strategy
- Contact with the other party
- Legally formalizing agreements
Litigation
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If proceedings are necessary, we determine the process strategy and next steps.
- Determine process strategy
- Drafting procedural documents
- Assistance in proceedings
This is how we handle it
We do not initiate litigation. First, we map out your legal position, evidence, and commercial interest.
1
Assessing tenancy regime and position
We determine whether the premises qualify as 290 or 230a business premises and what that means for your rights and obligations as a tenant or landlord.
2
Review contract and correspondence
We assess the lease agreement, the notice of termination, or the complaint file for legal strength and risks.
3
Determine strategy
You will receive concrete advice on the strongest course of action: negotiation, notice of default, objection to termination, or proceedings before the sub-district court.
4
Take action
We draft the necessary letters, negotiate on your behalf, or guide the procedure.
Example: landlord attempts to reclaim retail space without valid grounds
A shopkeeper received a notice of termination from his landlord citing urgent personal use as the reason. Upon review of the termination, it became apparent that the landlord had not served notice in a timely manner and that the stated reason was insufficiently substantiated. We advised the tenant not to agree to the termination and sent a legally substantiated letter of response. The landlord withdrew the termination. The tenant was able to continue his business without interruption and subsequently negotiated a new lease agreement with improved terms.
Why MKBjuristen.nl?
Since 2001, we have been helping entrepreneurs with legal disputes, contractual disagreements, and business conflicts. We combine legal assessment with a practical approach: first get a grip on the situation, only then take the next step.
- Lawyers and experienced in-house counsel
- Practical advice without unnecessary legal jargon
- Fixed rates per step where possible
- Focused on solution, evidentiary position, and result
Frequently Asked Questions
Can my landlord just terminate the lease?
That depends on the type of commercial premises. For 290 commercial premises (shops, hospitality), the landlord can only terminate the lease on statutory grounds such as urgent personal use, renovation, or serious breach of contract by the tenant. For 230a commercial premises (offices, storage space), the rules are more flexible. Termination without grounds or without proper procedure is void.
What can I do if my landlord doesn't repair defects?
Report the defect to the landlord in writing and allow a reasonable period for repair. If the landlord does not respond, you can claim a rent reduction from the court, have the defects repaired yourself and set off the costs, or, in the case of serious defects, terminate the lease agreement.
How can I, as a landlord, evict a non-paying tenant?
Via an eviction procedure before the sub-district court. Eviction without a court order is prohibited. We draft the notice of default, initiate the eviction procedure, and oversee the execution if the tenant does not leave voluntarily.
Can the rent be revised?
For business premises classified as 290, both the tenant and the landlord may request a rent review based on the market rent once every five years. If they are unable to reach an agreement, the parties may have an expert appointed or involve the sub-district court judge.
What is substitution and when am I entitled to it?
Substitution means that the new owner of your business takes over the lease agreement. You need the landlord's permission for this. If the landlord refuses, you can ask the subdistrict court to grant authorization — provided you can demonstrate a compelling interest and offer the new tenant sufficient guarantees.
Am I entitled to compensation as a tenant if I have to leave?
For business premises classified as 290, you are entitled to compensation for moving and furnishing costs in the event of a forced vacancy. The judge determines the amount. For business premises classified as 230a, this does not apply automatically, but you can claim eviction protection — the judge may extend the eviction period multiple times.
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Briefly describe the situation. We will assess the sensible next step and contact you.
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