Tenancy law

Procedure regarding rent

Detailed legislation is in place concerning the renting and leasing of residential and (retail) business premises. Proper advice and analysis from a tenancy law lawyer is useful in this respect. The tenant usually has strong rental protection. In addition, there are “other business premises” such as offices, industrial buildings, warehouses, etc. Procedures that tenancy lawyers are often involved in relate to the termination of rent, eviction and eviction protection, rent extension, rent adjustment, illegal subletting, permit for housing units, HOA issues, etc.

Lease of business premises

In commercial tenancy law, a distinction is made between two categories of commercial premises: retail commercial premises (Section 7:290 of the Civil Code) and other commercial premises (Section 7:230A of the Civil Code). Blenheim’s lawyers specialise in the leasing of business premises. Examples of retail business premises are shops, catering and craft businesses. Other business premises include offices, industrial buildings, factories and wholesalers. In addition to the general provisions (Articles 7:201 to 7:231 of the Dutch Civil Code), separate rules apply to both types of business premises. Moreover, many rules are mandatory. This means that it is only possible to deviate from these provisions with the permission of the court.

Rent adjustment

In the case of business premises, there are often disputes concerning the rent. A specialised lawyer can make all the difference. After all, a lease is valid for 5 or 10 years. We often work together with a specialised real estate agent-valuer. The law gives tenants of retail business premises (retail and catering industry) a considerable degree of rental protection.

Moreover, the legal rules relating to the determination of rent are mandatory, which means that they cannot be deviated from to the detriment of the tenant, unless the court has given its approval. The landlord and the tenant are free to agree on a rental price when concluding the rental agreement. However, if, during the rental period, the tenant or the lessor is of the opinion that the applicable rental price between the parties does not correspond to that of comparable business premises on site, he or she may demand that the court determine the rental price in more detail. In that case, a Blenheim tenancy lawyer will be happy to assist you.

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