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Commercial Real Estate Lease Agreement for the Netherlands

Commercial Real Estate Lease Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions for leasing commercial real estate property in the Netherlands. This document is structured in accordance with the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 7, and incorporates standard market practices as commonly reflected in ROZ model agreements. It covers essential elements including rent determination, maintenance obligations, permitted use, service charges, and specific Dutch commercial property regulations, while ensuring compliance with local zoning laws and environmental requirements.

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What is a Commercial Real Estate Lease Agreement?

The Commercial Real Estate Lease Agreement is a fundamental document used in the Netherlands for establishing legally binding lease arrangements for business premises, offices, retail spaces, and other commercial properties. It serves as the primary contract between a landlord and tenant, outlining their respective rights and obligations under Dutch law. This document is essential when any business entity seeks to lease commercial space in the Netherlands, whether for retail, office, industrial, or other commercial purposes. It incorporates specific provisions required by Dutch legislation, including those from the Burgerlijk Wetboek (Dutch Civil Code), and typically follows market standards established by the ROZ (Real Estate Council of the Netherlands). The agreement covers crucial aspects such as rental terms, maintenance responsibilities, permitted use, service charges, and various other commercial and legal requirements specific to Dutch real estate practice.

What sections should be included in a Commercial Real Estate Lease Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers, and addresses

2. Background: Context of the lease agreement and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Term and Commencement: Duration of the lease, commencement date, and any renewal options

6. Rent and Other Payments: Rental amount, payment terms, service charges, and other financial obligations

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

8. Security Deposit: Details of security deposit or bank guarantee requirements

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

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and replacements

11. Alterations and Improvements: Rules regarding modifications to the property

12. Insurance: Required insurance coverage for both parties

13. Assignment and Subletting: Conditions for transferring or subletting the lease

14. Landlord's Obligations: Specific responsibilities and obligations of the landlord

15. Tenant's Obligations: Specific responsibilities and obligations of the tenant

16. Termination: Conditions and procedures for ending the lease

17. Damage and Destruction: Procedures in case of property damage or destruction

18. Notices: Requirements for formal communications between parties

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

20. Signing Page: Execution blocks for all parties

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

1. Fit-out Works: Details of any initial fit-out works to be carried out, used when the property requires modification before occupation

2. Service Charges for Common Areas: Relevant for properties in multi-tenant buildings or complexes

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

4. Break Clause: Early termination options, included when parties want flexibility to end the lease early

5. Rent Review: Mechanism for periodic rent adjustments, used for longer-term leases

6. Building Manager: Rights and responsibilities of building management, relevant for managed properties

7. Parking: Specific provisions for parking spaces, if included in the lease

8. Signage Rights: Rules regarding external signage and advertising, important for retail properties

9. Operating Hours: Restrictions on operating hours, relevant for properties in mixed-use areas or shopping centers

10. Right of First Refusal: Tenant's right to purchase property or extend lease, if agreed

What schedules should be included in a Commercial Real Estate Lease Agreement?

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

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

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

4. Building Rules and Regulations: General rules for use of the building and common areas

5. Condition Report: Detailed description of property condition at lease commencement

6. Technical Specifications: Technical details of building systems and installations

7. Maintenance Schedule: Schedule of maintenance responsibilities for both parties

8. Fit-out Guidelines: Technical requirements and restrictions for property modifications

9. Insurance Requirements: Detailed specification of required insurance coverage

10. Environmental Performance Certificate: Energy label and environmental performance details

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

Real Estate

Retail

Hospitality

Office Space

Industrial

Logistics

Manufacturing

Professional Services

Technology

Healthcare

Education

Financial Services

Entertainment

Food and Beverage

Warehousing

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Property Management

Asset Management

Business Development

Administration

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Commercial Director

Chief Financial Officer

Operations Manager

Business Development Manager

Asset Manager

Lease Administrator

Real Estate Broker

Compliance Officer

Risk Manager

Finance Director

Real Estate Attorney

Property Surveyor

Building Manager

Contract 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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