వాణిజ్య లీజును రద్దు చేయడం: నోటీసు కాలపరిమితులు, కారణాలు మరియు ఇబ్బందులు

How you terminate a commercial lease depends on the type of premises. For retail and hospitality premises (7:290 premises) termination requires a bailiff’s writ or registered letter, a notice period of at least one year and, for the landlord, a statutory ground; for offices and other premises (7:230a premises) the landlord needs no ground, but the tenant can ask the court to postpone eviction by up to three years.

Which regime applies is explained in part 1 of this series: 7:290 or 7:230a? This part covers termination under both regimes.

How do you terminate a lease of 7:290 premises?

By bailiff’s writ (exploot) or registered letter, with a notice period of at least one year, against the end of the current term (Article 7:293(2) of the Dutch Civil Code, BW). A termination by email or telephone has no legal effect, and the lease simply continues.

A 7:290 lease normally runs for five years and is then extended by law for another five years (Article 7:292 BW). Both landlord and tenant can terminate against the end of the first or second term. If nobody terminates after ten years, the lease continues for an indefinite period and can then be terminated with the same form and notice period (Article 7:300 BW). If you miss the date, the lease runs on to the next possible termination date.

Which grounds can the landlord rely on?

Only the grounds listed in Article 7:296 BW, and the termination letter must state them; otherwise it is void (Article 7:294 BW). Against the end of the first five-year term there are two grounds:

• the tenant has not run the business as a good tenant should; or
• the landlord, a spouse or registered partner, a first-degree relative or foster child urgently needs the premises for their own lasting use, which includes renovation that is impossible without ending the lease.

Against the end of the second term, the court decides on a reasonable weighing of the interests of landlord and tenant (Article 7:296(3) BW). The court must in any case grant the claim if one of the two grounds above applies, if the tenant refuses a reasonable offer for a new lease that does not change the rent, or if the landlord wants to realise a use assigned to the premises by the applicable environment plan (omgevingsplan) (Article 7:296(4) BW).

What happens if the tenant wants to stay?

Nothing, unless the tenant agrees in writing. A terminated lease of 7:290 premises stays in force by law until the subdistrict court (kantonrechter) has ruled irrevocably on the landlord’s claim to set an end date (Article 7:295(1) BW).

The landlord can only file that claim if the tenant has not confirmed in writing within six weeks of the termination that they consent (Article 7:295(2) BW). That six-week period is not a deadline for the tenant. Silence protects the tenant, but it is clearer to state in writing that you do not consent.

How do you terminate a lease of 7:230a premises?

A fixed-term lease of 7:230a premises ends automatically when the term expires (Article 7:228(1) BW). A lease for an indefinite period ends by notice against a rent payment day, with a notice period of at least one month, unless the contract provides for a longer period (Article 7:228(2) BW).

The landlord needs no ground and does not have to explain the termination. The tenant has no right to continuation of the lease.

How does protection against eviction work?

The tenant can ask the subdistrict court to extend the eviction period. The request must be filed within two months after the date on which eviction was notified in writing (Article 7:230a(1) BW), and suspends the obligation to leave until the court decides.

The court grants the request only if the tenant’s interests are harmed more seriously by eviction than the landlord’s interests by continued use. The extension is at most one year after the end of the lease and can be extended twice by at most one year, so three years in total; each further request must be filed at the latest one month before the current period ends (Article 7:230a(5) BW). The protection does not apply if the tenant terminated, expressly consented or was ordered to leave for breach of contract (Article 7:230a(2) BW).

Can a break clause end the lease early?

Yes, if the contract contains one and you follow its exact terms. A break clause gives one or both parties the right to terminate before the end of the agreed term.

For 7:290 premises the statutory protection is mandatory. A clause that in effect lets the landlord terminate at any time, without the statutory grounds, can conflict with that protection and is then voidable. In every case: use the correct date, notice period and form (writ or registered letter); one day late means the lease runs on.

మనం ఎక్కువగా చూసే తప్పులు ఏవి?

• Terminating too late, so the one-year notice period is not met and the lease runs on for another term.
• Terminating 7:290 premises by ordinary email or letter instead of by writ or registered letter.
• As a landlord, terminating 7:290 premises without stating a statutory ground, which makes the termination void.
• As a tenant, signing a consent to termination without advice and thereby giving up the protection of Article 7:295 BW.
• For 7:230a premises, missing the two-month deadline for protection against eviction.
• Forgetting the obligation to return the premises in the agreed condition at the end of the lease.

అద్దెదారుగా మీరు ఏమి తనిఖీ చేయాలి?

• Is your space 7:290 or 7:230a premises?
• What is the end date of the current term, and when must notice reach the landlord?
• Does the landlord’s termination letter state a statutory ground (Article 7:294 BW)?
• Have you avoided signing any consent to termination before taking advice?
• For 7:230a premises: when does the two-month period for protection against eviction end?
• What condition must the premises be in when you return them?

ఇంటి యజమానిగా మీరు ఏమి తనిఖీ చేయాలి?

• Is the notice sent by bailiff’s writ or registered letter, at least one year before the end of the term?
• Which ground of Article 7:296 BW applies at this termination date, and can you substantiate it?
• Is the ground stated in the termination letter, with a request for written consent within six weeks?
• Is a break clause compatible with the mandatory protection of 7:290 premises?
• Are you ready to file a claim with the subdistrict court if the tenant does not consent?

What can we do for you with terminating a commercial lease?

మా అద్దె న్యాయవాదులు assist tenants and landlords of commercial premises.

• We determine whether your lease falls under 7:290 or 7:230a and which termination dates apply.
• We draft the termination with the correct ground, form and date, and arrange service by bailiff.
• We assess a termination you received and draft the reply on consent.
• We file or defend the claim to set an end date before the subdistrict court.
• We file a request for protection against eviction within the two-month deadline.

సారాంశం

• 7:290 premises: termination by writ or registered letter, at least one year’s notice, against the end of a term.
• The landlord needs a statutory ground under Article 7:296 BW and must state it; otherwise the termination is void.
• The lease stays in force until the court rules, unless the tenant consents in writing.
• 7:230a premises: no ground needed; at least one month’s notice for an indefinite lease.
• A 7:230a tenant can request postponement of eviction within two months, for up to three years in total.

కూడా చదవండి part 3: defects in your commercial premises.

తరచుగా అడుగు ప్రశ్నలు