Commercial lease agreement

For which types of commercial spaces is this agreement suitable?

It is suitable for basically any commercial rental in the Netherlands that is considered a so-called ‘article 230a commercial space’. This is an office space or practice that is not open to the public. Examples are:

• Offices
• Factory
• Showroom
• Physical therapy practice
• Storage facilities

This agreement is NOT suitable for ‘art 290 commercial space’ which is real estate that is used for retail purposes only. These are spaces where customers can physically buy or order things. The most common examples are shops, cafes, restaurants, food take-out but also hotels and campings.

It is not always immediately clear what type of space you are renting. For example, an online stores that opens a physical pick-up points at their storage facility. If you are in doubt, please contact us.

Is VAT charged on the rent?

The letting of business premises is in principle exempt from VAT. However, the tenant and the landlord can jointly choose to charge VAT on the rental price. This is only possible if the tenant is an entrepreneur for VAT and uses the business accommodation for at least ninety percent of the turnover for which he must pay VAT.

How long does the lease typically last?

Commercial lease agreements in the Netherlands are typically created for a term of five years. In order to form a valid commercial lease agreement, both the landlord and tenant must sign the agreement. The landlord is responsible for setting the rent, and the tenant is responsible for paying rent on time. If the tenant does not pay rent, the landlord has the right to evict them.

Who is responsible for maintenance of the commercial property?

The landlord is typically responsible for taking care of the maintenance and repairs of the commercial property. However, the tenant may be responsible for certain small repairs or maintenance tasks. Larger maintenance works and repairs as well as maintenance and repairs on the outside of the property will be the responsibility of the landlord.