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Assignment Of Lease Deed Template for Netherlands

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Key Requirements PROMPT example:

Assignment Of Lease Deed

"I need an Assignment of Lease Deed for transferring a retail shop lease from my company (ABC Retail BV) to a new tenant (XYZ Fashion BV), with the assignment to take effect from March 1, 2025; the landlord has already provided verbal consent."

Document background
An Assignment Of Lease Deed is a crucial document used in the Netherlands when an existing tenant wishes to transfer their lease rights and obligations to another party. This document is essential in situations where a tenant needs to exit a lease agreement before its natural termination, such as when a business is sold, during corporate restructuring, or when a tenant can no longer fulfill their lease obligations. The deed must comply with Dutch property law and contract law requirements, including specific provisions from the Dutch Civil Code (Burgerlijk Wetboek). It captures the landlord's formal consent, outlines the terms of the assignment, addresses any security deposit arrangements, and ensures all parties understand their rights and obligations under the assigned lease. The document may require notarial execution and registration, depending on the nature and value of the lease.
Suggested Sections

1. Parties: Identification of the Landlord, Current Tenant (Assignor), and New Tenant (Assignee), including full legal names, addresses, and registration details if applicable

2. Background: Details of the original lease agreement, reason for assignment, and confirmation of landlord's consent

3. Definitions: Definitions of key terms used throughout the deed, including 'Original Lease', 'Premises', 'Assignment Date', etc.

4. Assignment: Core provision transferring all rights and obligations under the lease from Assignor to Assignee

5. Effective Date: Specification of when the assignment takes effect

6. Assignor's Warranties: Confirmations from the current tenant regarding the lease status, no breaches, etc.

7. Assignee's Covenants: New tenant's commitments to comply with lease terms and perform all tenant obligations

8. Landlord's Consent: Formal documentation of the landlord's approval of the assignment

9. Security Deposit: Arrangements for transfer or replacement of existing security deposit

10. Costs: Allocation of costs related to the assignment process

11. Governing Law: Confirmation that the deed is governed by Dutch law

12. Execution: Signature blocks for all parties and notarial execution requirements

Optional Sections

1. Guarantor Provisions: Required when there is a guarantor for the new tenant's obligations

2. Outstanding Repairs: Used when there are ongoing maintenance issues or repair obligations to be transferred

3. Break Rights: Included when specific termination rights are being modified as part of the assignment

4. Rent Adjustment: Needed if there are any changes to rent payment terms coinciding with the assignment

5. Property Modifications: Required when the existing tenant has made alterations that need to be addressed

6. Environmental Provisions: Included for properties with specific environmental considerations or obligations

7. Subletting Provisions: Required when existing subtenants are involved

Suggested Schedules

1. Original Lease Agreement: Copy of the existing lease agreement being assigned

2. Property Description: Detailed description of the leased premises, including floor plans if applicable

3. Inventory List: List of any fixtures, fittings, or equipment included in the lease

4. Condition Report: Current condition of the premises at the time of assignment

5. Outstanding Obligations: List of any ongoing obligations or unresolved matters

6. Consent Documentation: Any additional documents evidencing landlord's consent

7. Registration Details: Documents required for registration of the assignment if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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