Netherlands Commercial Lease Laws: Complete Guide for Property Owners
Comprehensive overview of Dutch commercial property laws including the 7:290 BW and 7:230a BW regimes, rent review, termination, and tenant protections.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.
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.
Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Commercial real estate is complex. Always consult a specialized attorney in the Netherlands for advice specific to your situation. Information last verified: March 2026.
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
| Topic | 7:290 BW | 7:230a BW |
|---|---|---|
| Minimum lease term | 2 × 5 years (10 years total) | Freedom of contract |
| Notice period | Minimum 1 year | Contractually determined |
| Rent review | After 5 years via court | Contractually determined |
| Termination protection | Strong: limited grounds | Limited: eviction protection |
| Eviction protection | N/A (tenant protection) | Max 3 years after termination |
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 Increases 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:
Sources & Official References
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