Dutch law differentiates between regular leases (huur) and farmland leases (pacht). Regular leases apply to most commercial and residential property. Farmland leases relate to agricultural use and are subject to a separate mandatory statutory regime.
For regular commercial leases, the Dutch Civil Code distinguishes between:
Dutch law also recognises certain publicly registered real rights that allow use of land or buildings, such as usufruct (vruchtgebruik), ground lease (erfpacht) and the right of superficies (opstal). These rights are rights in rem (goederenrechtelijke rechten) and are generally closer to ownership than a lease.
Last modified 17 Mar 2026
Last modified 17 Mar 2026
All leases are governed by the Dutch Civil Code, but the applicable (semi-)mandatory regime depends on the category of the leased premises. In particular, 290 business premises are subject to far-reaching tenant protection rules on duration, termination and rent review, whereas 230a space allows greater contractual freedom.
The primary use of the premises generally determines the classification and the applicable regime.
Last modified 17 Mar 2026
Yes, to a limited extent. If the landlord has ended the lease and
290 tenants enjoy strong statutory protection. The landlord can only terminate on specific statutory grounds and must give at least one year’s written notice. If the tenant disputes the termination,
Last modified 17 Mar 2026
The lease must first be validly terminated in accordance with the lease agreement (and, where relevant, statutory rules), observing the applicable notice requirements. To seek vacant possession, the landlord must also serve a notice to vacate (ontruimingsaanzegging) specifying a vacate date.
By law, the tenant’s obligation to vacate is suspended for two months after that vacate date. During that period, the tenant may petition the court for an extension as described above. If no petition is filed (or once the suspension ends), the landlord may commence eviction proceedings if the tenant does not leave voluntarily.
Termination is only possible as of the end of the applicable contractual or statutory period. The landlord must give at least one year’s written notice and invoke a statutory ground for termination (most commonly urgent personal use, including certain renovations). After at least ten years, the landlord may also rely on the statutory ‘general balance of interests’ ground.
If the tenant disputes the termination, the landlord must petition the court. The tenant can generally remain in occupation until there is a final (non-appealable) court decision.
Last modified 17 Mar 2026
A landlord can generally only end a fixed-term lease at the agreed end date. Earlier termination is typically only possible in the event of a serious tenant breach (for example substantial rent arrears), in which case the landlord may seek court-ordered dissolution (ontbinding) and eviction.
Regular court proceedings commonly take several months. Summary proceedings (kort geding) may, depending on the court and the complexity of the dispute, result in an enforceable decision within weeks.
A lease concluded for an indefinite period can be terminated by either party, subject to any contractual notice requirements and, for 290 leases, the mandatory statutory notice period of at least one year and the statutory termination framework.
If the tenant is declared bankrupt, both the bankruptcy trustee (curator) and the landlord may terminate the lease with a notice period of up to three months under article 39 of the Dutch Bankruptcy Act (Faillissementswet).
A lease can always be terminated by mutual agreement, regardless of its duration.
Last modified 17 Mar 2026
Under limited circumstances, public authorities can compulsorily acquire property in the public interest(expropriation). This can also affect lease interests. Whether compensation is payable, and by whom, depends on the legal basis and the specific circumstances (and may include compensation for affected tenants).
Last modified 17 Mar 2026
Typically, landlords require one of the following forms of security, often in an amount equal to three months’ rent (and service charge, if applicable):
Last modified 17 Mar 2026
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 17 Mar 2026
Most leases require the landlord’s prior written consent for alterations, unless they can be removed at minimal cost and without material damage. Unapproved works may have to be removed at the end of the lease.
Landlords commonly require tenants to remove alterations on termination unless otherwise agreed, and to waive any compensation claim for tenant improvements. It is increasingly common to pre-approve non-structural alterations provided these are easily reversible.
Last modified 17 Mar 2026
Tenants are not legally entitled to assign the lease or sublet without the landlord’s consent, unless the lease provides otherwise.
A 290 tenant transferring its business may, under statutory conditions, request judicial authorisation for substitution (indeplaatsstelling). If the landlord refuses, the tenant may ask the court to approve the substitution.
The court will assess whether:
Last modified 17 Mar 2026
Parties typically agree annual indexation, often linked to the Consumer Price Index (CPI) published by Statistics Netherlands (CBS).
For 230a space, market rent reviews can be agreed contractually.
For 290 business premises, both landlord and tenant can seek judicial rent revision if the rent no longer corresponds to comparable premises: (i) if the lease is for a fixed term, after expiry of the agreed term; and (ii) in other cases, when at least five years have passed since the last party-agreed rent took effect or since the last court-set rent was claimed; the comparison is based on an average over the preceding five years.
Last modified 17 Mar 2026
Landlord and tenant are generally free to agree how and when the rent may be adjusted. Absent a contractual review mechanism, neither party can unilaterally change the rent.
Under the statutory rules for 290 business premises, either party can ask the court to set the rent if it no longer corresponds to the average rent of comparable business premises in the locality. The court typically considers the average rent of comparable premises over the previous five years. The parties generally engage an expert; the expert’s opinion is not binding and the court ultimately determines the rent.
Last modified 17 Mar 2026
In principle, the lease of immovable property is VAT exempt. However, the parties can opt for VAT-taxed rent (currently 21%) if statutory conditions are met, in particular if the tenant uses the leased premises predominantly (generally at least 90%) for activities that give a right to deduct input VAT, and the required VAT statements/formalities are included in the documentation.
Last modified 17 Mar 2026
Options depend on the lease terms and the circumstances, but typically include:
Where the tenant is bankrupt, pre-bankruptcy arrears are typically unsecured claims. Rent accruing after bankruptcy may qualify as an estate expense (boedelschuld), in particular for the period during which the premises remain available to the estate, subject to the circumstances and any termination under article 39 of the Bankruptcy Act.
Last modified 17 Mar 2026
Tenants typically pay service charges and, in some instances, promotional or marketing contributions (for example in a shopping centre). Initial costs may also include fit-out costs, connection costs and, where applicable, security (deposit/guarantee).
Last modified 17 Mar 2026
As a starting point, minor and day-to-day maintenance is the tenant’s responsibility, while major repairs and structural maintenance are the landlord’s responsibility, subject to the lease terms.
In multi-tenant complexes, tenants usually pay a proportional share of common area costs through service charges.
Last modified 17 Mar 2026
Under Dutch law, the tenant is responsible for minor repairs and day-to-day maintenance, while the landlord is responsible for major repairs and structural maintenance, subject to the lease terms.
Last modified 17 Mar 2026
Tenants are generally responsible for the supply and usage costs of utilities and telecoms, including related contracts and meter rental charges. Where there is no separate connection for each unit, or where the landlord coordinates supply as part of the service package, the tenant pays its proportionate share to the landlord (usually via service charges) based on agreed allocation principles.
Last modified 17 Mar 2026
The landlord may pass on a proportionate share of the building insurance premium to the tenant through service charges, if contractually agreed. No party is legally required to take out a specific insurance policy, but landlords commonly maintain building insurance covering typical insured events such as fire and storm, subject to the policy terms and exclusions.
Last modified 17 Mar 2026
Are there any specific regulations and/or laws which apply to leases of particular categories of real estate, such as residential, industrial, offices, retail or hotels and what is their impact?
All leases are governed by the Dutch Civil Code, but the applicable (semi-)mandatory regime depends on the category of the leased premises. In particular, 290 business premises are subject to far-reaching tenant protection rules on duration, termination and rent review, whereas 230a space allows greater contractual freedom.
The primary use of the premises generally determines the classification and the applicable regime.
Last modified 17 Mar 2026