Netherlands Commercial Eviction Process: Procedures and Timelines

Termination and eviction of commercial business premises in the Netherlands differs fundamentally from residential leases. The primary legal framework is governed by Book 7, Title 4 of the Dutch Civil Code (Burgerlijk Wetboek), which came into effect on 1 August 2003. The applicable regime — Art. 7:290 BW (Retail/Hospitality) or Art. 7:230a BW (Office/Other) — determines the procedural rights and protections.

Termination of 7:290 BW Premises (Retail & Hospitality)

Formal Requirements

• Registered letter or bailiff's writ is mandatory (Art. 7:293 BW).
• Minimum notice period of 1 year.
• Statement of the grounds for termination is required.
• Termination is generally only possible at the end of a lease term (e.g., at year 5 or 10).

Grounds after First 5 Years

Grounds after 10 Years

After the second five-year period, additional grounds include:

Court Proceedings

If the tenant does not agree to termination:

1. The landlord initiates a termination procedure at the subdistrict court (Kantonrechter).
2. The lease continues until the final, non-appealable judgment (Art. 7:295 BW).
3. For urgent personal use, the landlord must prove necessity.
4. If rejected, the landlord can only try again after 3 years for the same ground.

Termination of 7:230a BW Premises (Offices & Labs)

This regime applies to premises not accessible to the general public (e.g., offices, factories, warehouses).

Procedure

• Termination according to contractual terms.
• Termination notice must include the eviction date (aanzegging ontruiming).
• The tenant has a legal grace period of 2 months from the eviction date to request protection.

Eviction Protection (Ontruimingsbescherming)

• The tenant can request the court to postpone the eviction date (Art. 7:230a BW).
• Postponement of maximum 1 year per request.
• Maximum 3 times (total maximum 3 years).
• The court balances the interests of both parties.

Dissolution for Default (Both Regimes)

Regardless of the type of premises, a landlord can seek dissolution (ontbinding) for serious breach:

• Rent arrears: Typically 3 months or more (jurisprudential standard).
• Illegal use: Such as drug cultivation or unauthorized subletting.
• Urgent procedure: Landlords can use a "Kort Geding" (Preliminary Relief Proceeding) for immediate eviction in clear-cut cases.

Prohibited Practices

As with residential leases, self-help is strictly prohibited in the Netherlands:

• ❌ Changing locks without a bailiff.
• ❌ Disconnecting utilities.
• ❌ Removing the tenant's property without a court order.

Best Practices for Landlords

1. Determine the correct regime — 7:290 or 7:230a; this determines your notice period and grounds.
2. Use the ROZ model — Standardized lease templates widely accepted by Dutch courts.
3. Engage a Bailiff (Deurwaarder) — To ensure termination notices are served correctly.
4. Track the 2-month window — For 7:230a properties, ensure the eviction notice is served immediately after termination to start the clock.

How Landager Helps

Landager's commercial module helps landlords track lease terms, calculate notice periods, and follow the correct procedure for terminating commercial leases under Dutch Law.

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