Dutch law differentiates between regular leases (huur) and farmland leases (pacht). Dutch law also has different regimes for business space, retail space and private housing.
Regular leases are far more common than farmland leases. While a regular lease grants the tenant the right to (solely) use the leased property, a farmland lease typically involves the right to use the land for agricultural purposes and benefit from the produce (for example, leasing a farm including machinery or harvesting rights).
Dutch law additionally recognizes publicly registered real rights of use (vruchtgebruik, erfpacht) and building rights (opstal). These rights entitle the holder to use the land and/or erect structures on it. However, their nature is closer to full ownership than a lease.
Last modified 13 Mar 2025
Leases of commercial real estate may be concluded for a fixed period or an indefinite period. Parties leasing industrial or office space are free to decide on the term, although an initial period of five, ten, or fifteen years is common. Longer terms are also possible, especially when significant tenant investments are involved. It is also common to include automatic renewal periods, and parties may agree on break options.
By virtue of certain mandatory provisions, retail leases must have an initial duration of at least five years. After the initial five-year term, the lease automatically continues until a total period of ten years is reached (unless the tenant/landlord terminates earlier). Leases entered into for less than two years, which actually end within that period, are not subject to the same mandatory rules on duration.
Last modified 13 Mar 2025
All leases are governed by the Dutch Civil Code, which distinguishes the following categories of regular commercial leases (huur):
The applicable mandatory regime varies per category. The primary use of the property usually determines whether the lease is classified under (a) or (b). In addition to general provisions, specific statutory rules apply to each category.
Last modified 13 Mar 2025
Yes, depending on the type of lease and the circumstances.
The Dutch Civil Code contains mandatory provisions regarding tenant eviction protection at the end of the lease. By law, a tenant’s obligation to vacate is automatically suspended for two months after the date specified in the notice to vacate, which may not be earlier than the termination date
However, the tenant is not entitled to this suspension if it has:
Within the two-month suspension period, the tenant may ask the court to extend the suspension by up to one year. Filing such a request suspends the obligation to vacate until the court issues its judgment. The tenant may file two further requests, so in theory the tenant can remain in the premises for up to three years after the intended end of the lease.
The landlord must rely on a mandatory statutory ground for termination, most commonly urgent personal use (such as needing the premises for the landlord’s own business or for renovation). After at least ten years, there is an additional statutory ground: the general balance of interests. Here, any reason for termination can be invoked as long as the landlord’s interests clearly outweigh those of the tenant.
The tenant is never obliged to accept the landlord’s termination. If the tenant disagrees, the landlord must apply to the court for termination. As a rule, the tenant may remain in occupation until there is an irrevocable court order. Dutch case law suggests that the tenant enjoys strong protection against termination.
Last modified 13 Mar 2025
The lease terminates if either party has validly given notice of termination, with due observance of the contractual or statutory notice period, before the lease ends. To ensure the tenant moves out, the landlord must also serve a notice to vacate. By law, the tenant’s obligation to vacate is suspended for two months after the date in the notice. The tenant may request a court extension of up to one year if the tenant’s interests (staying) outweigh the landlord’s interests (evicting). This request can be made twice more, for a maximum total of three years. Once any suspension period ends or if the tenant does not invoke it, the landlord may start eviction proceedings.
The lease can end only as of the end of the applicable contractual/mandatory period, with at least one year’s written notice containing a statutory ground for termination. The most common ground is urgent personal use (including certain renovations). After at least ten years, the landlord has the extra “general balance of interests” ground.
If the tenant disputes the termination, the landlord must petition the court to end the lease, and the tenant can remain until there is an irrevocable court decision. Case law indicates the tenant usually has substantial protection in such proceedings.
Last modified 13 Mar 2025
The landlord can terminate a fixed-term lease only at the agreed end date or in the event the tenant is in serious breach (for example, rent arrears of at least three months). In such cases, the landlord may request the court to dissolve the lease. Regular court proceedings may take four to twelve months; summary proceedings (kort geding) can take between four and twelve weeks. A lease concluded for an indefinite period can be terminated by either party at any time—subject to the applicable statutory and contractual notice requirements (one year’s notice for retail leases).
If the tenant is declared bankrupt, either the bankruptcy trustee or the landlord may terminate the lease with a three-month notice period. If the landlord initiates the termination, the bankruptcy trustee can seek to continue the lease if it finds a suitable substitute tenant.
A lease can always be terminated at any time by mutual agreement, regardless of its duration.
Last modified 13 Mar 2025
Yes. Under limited circumstances, public authorities can acquire property compulsorily for the public interest. This expropriation power also extends to lease interests. Affected tenants are entitled to compensation, which depends on the specifics of their lease.
Last modified 13 Mar 2025
Typically, the landlord requires either:
often in the amount of three months' rent.
Usually, only one type of security is agreed upon.
Last modified 13 Mar 2025
Yes, leases normally stipulate the permitted use of the premises. Specific activities which may cause a nuisance are also prohibited.
Public regulations may impose restrictions to the permitted use of the premises as well. Commonly, compliance with public regulations is the responsibility of the tenant.
Last modified 13 Mar 2025
Most leases require the landlord’s prior consent for alterations, unless they can be removed at minimal cost. Unapproved improvements may be subject to removal at the end of the lease. Landlords commonly require tenants to remove all alterations upon termination unless otherwise agreed and often exclude any tenant claim for compensation of those improvements. It is increasingly common to pre-approve non-structural alterations, provided these are easily reversed.
Last modified 13 Mar 2025
Tenants of office or industrial space (non-retail) are not legally entitled to assign the lease without the landlord’s consent, unless the lease itself allows it. By contrast, for retail leases, a statutory provision enables a tenant wishing to transfer its business to demand that the landlord accept a substitute tenant. If the landlord refuses, the tenant can ask the court to approve the substitution. The court will assess whether (i) the tenant has a legitimate reason for transferring its business, and (ii) the proposed new tenant can guarantee compliance with the lease and act as a “good tenant.” The court may impose conditions on the substitution, typically requiring additional security. No substitution is possible if the premises are already vacant.
Last modified 13 Mar 2025
Parties typically agree to annual indexation, often linked to the Consumer Price Index (CPI) of Statistics Netherlands (CBS). For industrial or other non-retail leases (230a), rent reviews to market levels can be included in the lease if the parties so agree.
For retail leases (290), both landlord and tenant have the right to seek a judicial review of rent at the end of the initial term (or every five years thereafter for indefinite terms), comparing it to similar local premises.
Last modified 13 Mar 2025
Landlord and tenant are free to set and agree on rent levels, including how and when the rent may be reviewed. In the absence of a contractual review clause, neither party can unilaterally adjust the rent. Parties typically include an annual rent adjustment linked to the Consumer Price Index.
Under statutory rules for retail leases, the tenant and landlord can request that a court set the rent based on the average rent of similar local premises over the previous five years at the end of the first term (and subsequently every five years). They must first attempt to agree; if not, they seek an expert opinion, or the court can appoint an expert. The expert’s opinion is not binding, and either party can ask the court to determine a fair rent. Although the law prescribes this approach, it is common to agree contractually—subject to court approval—on a different rent-adjustment method.
Last modified 13 Mar 2025
Yes. VAT (21%) is chargeable on rent if the parties elect for VAT to apply (an “option to tax”), and the tenant’s use is for VAT-taxable activities.
Last modified 13 Mar 2025
In the Netherlands, several options are available to landlords when dealing with rent arrears, depending on the circumstances and the landlord's objectives:
Termination of the lease and eviction of the tenant: If a tenant fails to pay rent, the landlord can initiate legal proceedings to terminate the lease and evict the tenant from the leased premises. Before doing so, the landlord will generally send a formal notice of default (ingebrekestelling), granting the tenant a reasonable period—usually 14 days—to pay the outstanding rent. If the tenant fails to pay within this period, the landlord can commence court proceedings to request termination of the lease and eviction from the leased premises. Dutch courts generally adopt a cautious approach and typically require that the tenant is in arrears of at least three full months' rent before granting eviction. Even then, judges may offer the tenant a final opportunity to settle the arrears to avoid eviction.
Court proceedings to recover debt: A landlord can start legal proceedings to recover rent arrears, late payment interest, and associated costs.
Penalty clauses: Most standard lease, including those based on the widely used ROZ (Real Estate Council of the Netherlands) model leases and general terms, include a penalty clause (boetebeding). Under these provisions, tenants in default of payment are liable not only for the arrears and statutory commercial interest (wettelijke handelsrente), but also for a contractual penalty—often calculated as a percentage of the overdue amount per day or month. Dutch courts have the authority to reduce excessive penalties if they are deemed disproportionate.
Insolvency proceedings: Where rent arrears are undisputed, the landlord can send a formal notice of default (ingebrekestelling). If the tenant fails to pay, the landlord may file for the tenant’s bankruptcy (faillissementsaanvraag) in case of commercial tenants or request debt restructuring for individuals (schuldsanering) in case the tenant is a natural person. Filing for bankruptcy can be an effective pressure tool, but it should be used carefully and not as a means of coercion.
Under Dutch law, to succeed in a bankruptcy petition, the landlord must demonstrate that the tenant has at least two creditors with unpaid debts—one of which is the landlord—showing that the tenant has ceased to pay its debts as they fall due.
Use of a bank guarantee or rent deposit: If the lease includes a bank guarantee or rent deposit, the landlord may draw from it to recover arrears. The terms of the guarantee or deposit should be reviewed to ensure compliance with any notice or procedural requirements.
Pursuing a guarantor or former tenant: If a guarantor or former tenant is liable under a guarantee or other contractual arrangement, the landlord may pursue them for the arrears, subject to any statutory limitations and contractual terms.
Seizure of tenant’s assets: The landlord can apply for a prejudgment attachment (conservatoir beslag) on the tenant’s assets, bank accounts, or receivables to secure payment. This measure is frequently used before or during court proceedings to improve recovery prospects. Court approval is required, and the landlord must demonstrate a legitimate interest in securing the claim.
Last modified 13 Mar 2025
Tenants generally pay service charges and, in some instances, promotional costs (for example, in a shopping centre).
Last modified 13 Mar 2025
By law, minor and day-to-day maintenance is the tenant’s responsibility, and major repairs or enhancements are the landlord’s. However, the parties can vary this by contract. Usually, tenants in a multi-tenant complex pay a proportional share of maintenance and repair costs (part of service charges) for common areas.
Last modified 13 Mar 2025
Under Dutch law, the tenant handles minor maintenance and daily repairs; major maintenance, enhancements, and major repairs are the landlord’s duty. Parties can agree differently in the lease contract.
Last modified 13 Mar 2025
Tenants are responsible for the supply, transportation, metering, and usage costs of water and energy, including related contracts and meter rentals. Where there is no separate connection for each unit, or if the landlord coordinates the supply as part of the service package, the tenant pays its share of these costs to the landlord.
Last modified 13 Mar 2025
The landlord may pass on the (proportional) costs of insuring the building to the tenant. No party is by law obliged to take out any specific insurance. The landlord will commonly take out buildings insurance which will correspond to what is determined as leased space and as such reach as far as the landlord´s maintenance obligations. Building insurance covers most damage from accidents, such as fire, but may be limited in the case of natural disasters.
Last modified 13 Mar 2025
What is the usual length of each type of commercial lease?
Leases of commercial real estate may be concluded for a fixed period or an indefinite period. Parties leasing industrial or office space are free to decide on the term, although an initial period of five, ten, or fifteen years is common. Longer terms are also possible, especially when significant tenant investments are involved. It is also common to include automatic renewal periods, and parties may agree on break options.
By virtue of certain mandatory provisions, retail leases must have an initial duration of at least five years. After the initial five-year term, the lease automatically continues until a total period of ten years is reached (unless the tenant/landlord terminates earlier). Leases entered into for less than two years, which actually end within that period, are not subject to the same mandatory rules on duration.
Last modified 13 Mar 2025