Tenancy law
YUR.Who wants to rent or offer for rent, is not only bound by the arrangements with the lessor or tenant, but also by the statutory (im)possibilities. Of course, there are obligations, but certainly also rights! Are you a lessor or tenant? Yur Advocaten is the legal partner you need.
What is covered by tenancy law?
Tenancy law is versatile and deals with all matters in which property, usually immovables, are rented. This includes for example:
Renting of 290-retail space
This concerns retail trade business, shops, restaurants, cafés or bars, but also for example hotels and camping businesses. The renting of 290-retail spaces is characterized by a standard rental period (usually 5 + 5 years). Termination of the rental agreement is only possible on the basis of specific statutory termination grounds such as pressing reasons for own use, including renovation. Moreover, the rental agreement can only be terminated taking into account a notice period of at least one year. If the tenant does not accept the termination, the rental agreement does not end until a judge has assessed the termination and has ruled that the termination must indeed lead to the ending of the agreement.
Renting of 230a-retail space
This concerns for example office space. For this category there are no statutory rules regarding standard rental periods or protection against termination as is the case with 290-retail spaces. There is, however, protection against eviction at the end of the rental period. The tenant has the right to stay in the rented premises for another two months after the rental agreement is terminated. In these two months the tenant can request the district court (kantonrechter) to extend the protection against eviction. The judge will then assess whether the interests of the tenant to stay in the rented premises outweigh the interests of the lessor to regain the rented premises at its disposal.
What Yur does
The tenancy lawyers of Yur are not only specialized in tenancy law, but are also very experienced in other aspects of real estate. Therefore, we can provide comprehensive solutions. We can put you in the most optimal position. Efficiency and decisiveness is key in our approach.
We mainly act for investors, developers, housing corporations within the industrial and logistics sector, municipalities, retailers and health care institutions. Because we act for both tenants and lessors, we have a broad view of the playing field. We have the most up-to-date information at our disposal and are well experienced with how judges may decide in different cases.
Our tenancy lawyers inform, advise and ligitate regarding amongst other things:
- Rental agreements and general provisions;
- Termination and ending of rental agreements;
- Protection against eviction;
- Rental protection;
- Approval of derogation clauses;
- Right of substitution (indeplaatsstelling);
- Rental prices;
- Adjustment of the rental price and indexation;
- Sustainability and energy labels;
- Damages and defcts;
- Nuisance and liability.
Tip from Yur
Currently there are various possibilities for renting residential spaces that are truly temporary. However, it is very important that the rental agreement satisfies certain conditions, otherwise judges will often still consider it a normal rental agreement for an indefinite period.
