Commercial Building Lease Agreement for the Netherlands

Commercial Building Lease Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the terms and conditions for leasing commercial property in the Netherlands. This document outlines the rights and obligations of both landlord and tenant, including rent payments, maintenance responsibilities, permitted use, and other essential terms under Dutch commercial property law. It incorporates specific provisions required by Dutch Civil Code (Burgerlijk Wetboek) and common law practices, while addressing practical aspects such as service charges, insurance requirements, and property modifications. The agreement is structured to provide clear guidance on the commercial relationship while ensuring compliance with Dutch regulatory requirements.

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What is a Commercial Building Lease Agreement?

The Commercial Building Lease Agreement is a crucial legal document used in the Netherlands when a property owner (landlord) agrees to lease commercial premises to a business tenant. This agreement is essential for establishing a clear legal framework for commercial property occupation and use, governed by Dutch law, particularly the Dutch Civil Code (Burgerlijk Wetboek). The document is typically used for office spaces, retail locations, industrial facilities, or other commercial properties. It includes comprehensive provisions covering rent, maintenance, property modifications, insurance, and other key aspects of the landlord-tenant relationship. While Dutch commercial lease law offers more flexibility than residential lease regulations, certain mandatory provisions must be included to ensure legal compliance and protect both parties' interests.

What sections should be included in a Commercial Building Lease Agreement?

1. Parties: Identification and details of the landlord and tenant, including registration numbers and authorized representatives

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

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

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

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

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

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

8. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and replacements

9. Alterations and Improvements: Rules and procedures for making changes to the property

10. Insurance: Required insurance coverage for both parties

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Assignment and Subletting: Rules regarding transfer of rights and subletting

13. Termination: Conditions and procedures for ending the lease

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

15. Notices: Communication procedures between parties

16. Execution: Signature blocks and execution requirements

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

1. Break Clause: Early termination options - include when parties want flexibility to end the lease early

2. Service Level Agreement: Specific service standards - include for properties with significant shared facilities or services

3. Environmental Provisions: Specific environmental obligations - include for properties with particular environmental concerns or requirements

4. Parking: Parking rights and regulations - include when parking facilities are part of the lease

5. Signage Rights: Rules regarding external signage - include for retail or visible commercial locations

6. Fit-out Works: Specifications for initial tenant improvements - include when premises require initial modification

7. Guarantee: Parent company or bank guarantee provisions - include when additional security is required

8. Right of First Refusal: Terms for future property purchase or additional space - include when agreed between parties

What schedules should be included in a Commercial Building Lease Agreement?

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

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

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

4. Building Rules and Regulations: Specific rules governing the use and operation of the building

5. Condition Report: Initial condition of the premises with photographs

6. Maintenance Schedule: Detailed maintenance responsibilities and schedules for both parties

7. Permitted Alterations: Pre-approved alterations and specific requirements

8. Environmental Performance Certificate: Energy performance and environmental certificates

9. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Rental Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Retail

Office Space

Industrial

Hospitality

Healthcare

Technology

Manufacturing

Professional Services

Logistics

Education

Financial Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk & Compliance

Property Management

Corporate Services

Administration

Relevant Roles

Real Estate Manager

Property Manager

Facilities Director

Legal Counsel

Commercial Director

Operations Manager

Chief Financial Officer

Business Development Manager

Asset Manager

Lease Administrator

Risk Manager

Compliance Officer

Real Estate Broker

Corporate Services 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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