Robert Janssen
Partner
Deeply Rooted in tenancy law
Tenancy law deals with all rights and obligations concerning the renting or leasing of residential properties, commercial spaces, or other types of property. Many rules of tenancy law are quasi-imperative, meaning they cannot be deviated from to the disadvantage of the tenant. However, there are also tenancy provisions that are dispositive, allowing both tenant and landlord to deviate from the statutory framework. In short, drafting a well-balanced tenancy contract requires in-depth knowledge of the legal possibilities and limitations. The Civil Code outlines three types of rental situations: residential rental, retail rental, and rental of other spaces.
A Selection of Our Focus Areas within this Expertise
Residential Tenancy
Residential tenancy law is primarily written in the interest of the tenant. A good, safe home is a basic need for a tenant. As long as the tenant pays the agreed rent fully and on time, they are entitled to peaceful enjoyment of the property and prompt repairs to any defects within the home.
Tenancy of Commercial Premises
Commercial tenancy law applies to both small and large hospitality businesses, as well as small and large retailers, such as the local bakery or large supermarket chains. The legal regime includes many mandatory provisions, such as those relating to lease terms (5 + 5 years), notice periods (1 year), grounds for termination, and rent adjustments. This is far removed from ‘normal’ contract law, where parties generally have the freedom to agree on terms as they see fit. When drafting a commercial lease or dealing with a (potential) tenancy dispute, it is advisable to seek legal advice in a timely manner.
Tenancy of Other Premises
The tenancy law also includes a residual category. If a leased property cannot be classified as either residential or commercial premises, the tenancy regime of Article 7:230a of the Dutch Civil Code applies. This includes leases for office spaces, garages, arcades, and riding schools, for example. The tenancy regime for this residual category differs significantly from the other two tenancy regimes, particularly in terms of lease terms, rent prices, and termination possibilities. Proper qualification (“what exactly is being leased?”) is crucial.
Need a Tenancy Law Lawyer?
Our specialized lawyers have extensive knowledge and experience in tenancy law. They assist you as either a tenant or a landlord in drafting or reviewing tenancy agreements and examine your legal options in the event of a tenancy dispute.
