Netherlands Commercial Lease Laws: Complete Guide for Property Owners

Dutch commercial lease law makes a fundamental distinction between two types of business premises, each with its own protection regime. This distinction determines the rights and obligations of both landlord and tenant.

Two Regimes: 7:290 BW vs. 7:230a BW

Retail Business Premises (Art. 7:290 BW)

This regime provides strong tenant protection and applies to:

• Retail shops — clothing stores, supermarkets, electronics stores
• Hospitality — restaurants, cafés, hotels
• Artisan businesses — bakeries, hair salons, auto garages
• Takeaway and delivery services — snack bars, pizzerias

The key characteristic is that the public has direct access to the premises for purchasing goods or services.

Other Business Premises (Art. 7:230a BW)

This regime provides limited protection and applies to:

• Offices — office buildings, coworking spaces
• Storage — warehouses, distribution centers
• Factories — production facilities
• Professional practices — doctors, lawyers, accountants

Key Commercial Lease Rules

Lease Duration and Renewal (7:290 BW)

• First term: minimum 5 years

• Renewal: automatic for another 5 years (total 10 years)
• After 10 years: indefinite term unless otherwise agreed
• Shorter terms (2 years or less) are possible but offer less protection

Termination

7:290 BW Business Premises

Termination by the landlord is only possible on limited grounds:

After the first 5 years:

• Poor business operations by the tenant
• Urgent personal use by the landlord

After 10 years:

• All of the above, plus:
• General balancing of interests — the landlord's interest outweighs the tenant's

7:230a BW Business Premises

• Termination according to contractual terms
• After termination, the tenant has the right to eviction protection
• The tenant can request the court to postpone the eviction date by maximum 1 year per request, up to a total of 3 years

Rent

Indexation

Annual rent adjustment is standard, typically linked to the Consumer Price Index (CPI).

Market Rent Review (7:290 BW)

After 5 years, either landlord or tenant can request a rent review from the court:

• The court sets the rent based on comparable premises in the area
• An average over the preceding 5 years is used

For more detail, see our Commercial Rent IncreasesAnteprima non disponibile guide.

Getting Started with Compliance

The distinction between 7:290 BW and 7:230a BW is crucial for your rights as a landlord. Landager helps commercial landlords choose the right contract form, monitor deadlines, and stay compliant.

Explore more Dutch commercial compliance topics:

• Commercial Security DepositsAnteprima non disponibile
• Commercial Eviction ProcessAnteprima non disponibile
• Commercial Required DisclosuresAnteprima non disponibile
• Commercial Rent IncreasesAnteprima non disponibile
• Commercial Lease RequirementsAnteprima non disponibile
• Commercial Maintenance ObligationsAnteprima non disponibile
• Commercial Late FeesAnteprima non disponibile