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Commercial Lease Agreement for the Netherlands

Commercial Lease Agreement Template for Netherlands

A Commercial Lease Agreement under Dutch law is a legally binding contract that governs the rental of commercial real estate property in the Netherlands. This document outlines the terms and conditions for leasing commercial premises, including offices, retail spaces, or industrial properties. It incorporates specific provisions required by Dutch civil law (Burgerlijk Wetboek), particularly regarding business premises lease regulations, while addressing key aspects such as rent, duration, maintenance obligations, and use restrictions. The agreement ensures compliance with Dutch commercial property regulations while protecting both landlord and tenant interests through clearly defined rights and obligations.

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What is a Commercial Lease Agreement?

The Commercial Lease Agreement is essential for any business property rental transaction in the Netherlands. This document is used when a party wishes to lease commercial space such as offices, retail locations, or industrial facilities, establishing the legal framework for the landlord-tenant relationship. It must comply with Dutch law, particularly the provisions of the Dutch Civil Code (Burgerlijk Wetboek) regarding commercial leases, while accommodating specific commercial needs and market practices. The agreement covers crucial elements including lease term, rent payment terms, maintenance responsibilities, permitted use, and service charges, while incorporating specific Dutch legal requirements such as rent review mechanisms and VAT treatment. It's particularly important that the document addresses the semi-mandatory nature of Dutch commercial lease law, which provides certain flexibilities not available in residential leases.

What sections should be included in a Commercial Lease Agreement?

1. Parties: Identification of landlord and tenant with full legal details

2. Background: Context of the lease arrangement and property overview

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises including address, size, and permitted use

5. Lease Term: Duration of lease, commencement date, and renewal options

6. Rent and Other Payments: Rent amount, payment terms, service charges, and utilities

7. VAT Status: VAT treatment of the rent and related charges

8. Security Deposit: Amount, form, and conditions of the security deposit

9. Use of Property: Permitted use and restrictions on use of the premises

10. Maintenance and Repairs: Responsibilities of both parties regarding maintenance and repairs

11. Insurance: Required insurance coverage for both parties

12. Assignment and Subletting: Rules and conditions for transferring or subletting the property

13. Landlord's Obligations: Key responsibilities and obligations of the landlord

14. Tenant's Obligations: Key responsibilities and obligations of the tenant

15. Termination: Grounds and procedures for early termination

16. Surrender: Conditions for returning the property at lease end

17. Notices: Communication procedures between parties

18. Governing Law: Confirmation of Dutch law application and jurisdiction

What sections are optional to include in a Commercial Lease Agreement?

1. Fit-out Works: Details of any initial renovation or fit-out works, used when premises require modification before occupation

2. Turn-key Provisions: Specific arrangements for turn-key delivery, used when property is being prepared to tenant's specifications

3. Break Clause: Early termination options, included when parties agree to specific break rights

4. Rent Review: Mechanism for rent adjustments, used when parties agree to specific review terms beyond standard indexation

5. Service Level Agreement: Detailed service provisions, used in multi-tenant buildings or when specific services are included

6. Environmental Provisions: Specific environmental requirements and certifications, used for properties with environmental concerns or goals

7. Parking: Specific parking arrangements, used when parking spaces are included in the lease

8. Signage Rights: Rules regarding external and internal signage, used particularly for retail or visible commercial locations

9. Operating Hours: Specific provisions about business hours and access, used for properties in retail centers or multi-tenant buildings

What schedules should be included in a Commercial Lease Agreement?

1. Floor Plans: Detailed plans showing the leased area and common parts

2. Property Inventory: List of fixtures, fittings, and equipment included in the lease

3. Service Charge Breakdown: Detailed list of service charges and calculation method

4. Technical Specifications: Detailed technical information about the property and installations

5. House Rules: Building regulations and conduct rules, particularly for multi-tenant properties

6. Fit-out Guidelines: Technical requirements and procedures for any tenant modifications

7. Condition Report: Initial condition assessment of the property

8. Environmental Performance Certificate: Energy label and environmental certifications

9. Maintenance Schedule: Overview of maintenance responsibilities and scheduling

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions









































Clauses








































Relevant Industries

Retail

Office Space

Industrial

Warehousing

Hospitality

Healthcare

Technology

Manufacturing

Professional Services

Financial Services

Education

Logistics

Entertainment

Food and Beverage

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk and Compliance

Property Management

Asset Management

Business Development

Administration

Relevant Roles

CEO

Property Manager

Facilities Manager

Real Estate Director

Operations Manager

Legal Counsel

Commercial Director

Finance Director

Business Development Manager

Asset Manager

Leasing Manager

Property Administrator

Risk Manager

Compliance Officer

Store Manager

Regional Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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