Commercial Lease Termination Agreement for the Netherlands

Commercial Lease Termination Agreement Template for Netherlands

A formal agreement governed by Dutch law that documents the mutually agreed termination of a commercial lease between a landlord and tenant. This document outlines the terms and conditions for ending the lease, including the termination date, financial settlements, property handover requirements, and mutual releases. It ensures compliance with Dutch Civil Code provisions, particularly Book 7 regarding commercial leases, and addresses crucial aspects such as security deposit returns, final utility settlements, and property restoration requirements. The agreement provides legal certainty and protection for both parties during the lease termination process.

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What is a Commercial Lease Termination Agreement?

The Commercial Lease Termination Agreement is a crucial document used in the Netherlands when parties wish to formally end their commercial lease arrangement before its natural expiration or through mutual agreement. This document is essential for ensuring a clear and legally compliant termination process under Dutch law, particularly in accordance with the Dutch Civil Code (Burgerlijk Wetboek). It's typically used when both parties have agreed to end the lease early, when a business is relocating, or during business restructuring. The agreement covers critical aspects such as final settlements, property restoration, key handover procedures, and mutual releases from future obligations. It helps prevent future disputes by clearly documenting all termination terms and ensuring compliance with Dutch commercial property regulations. This type of agreement is particularly important given the semi-mandatory nature of many Dutch commercial lease provisions and the specific protections afforded to business tenants under Dutch law.

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

1. Parties: Identification of the Landlord and Tenant, including full legal names, registered addresses, and registration numbers

2. Background: Context of the original lease agreement, including date of execution, property details, and reason for termination

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

4. Termination Date: Specific date when the lease will terminate and handover of premises will occur

5. Financial Settlement: Details of final rent payment, service charges, and utilities up to the termination date

6. Security Deposit: Arrangements for the return of the security deposit, including any deductions

7. Property Condition: Requirements for the condition in which the property must be returned, including removal of tenant improvements

8. Handover Process: Process and timeline for returning keys, access cards, and other property-related items

9. Mutual Release: Release of future obligations and liabilities between parties post-termination

10. Governing Law: Confirmation that the agreement is governed by Dutch law

11. Signatures: Execution blocks for all parties

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

1. Outstanding Repairs: Used when specific repairs need to be completed before termination

2. Remaining Inventory: Required when addressing the handling of any tenant-owned fixtures or equipment remaining in the premises

3. Payment Plan: Included when parties agree to a structured payment plan for any outstanding amounts

4. Third Party Rights: Needed when addressing rights of any third parties affected by the termination (e.g., subtenants, guarantors)

5. Non-Compete Provisions: Used when parties agree to post-termination restrictions on business activities

6. Confidentiality: Required when parties wish to keep the termination terms confidential

7. Dispute Resolution: Optional detailed procedure for handling any disputes arising from the termination

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

1. Schedule 1 - Property Inventory: Detailed list of landlord's fixtures and fittings and their condition

2. Schedule 2 - Settlement Calculation: Detailed breakdown of all financial settlements, including rent, service charges, and utilities

3. Schedule 3 - Handover Checklist: List of items to be checked and actions to be completed during property handover

4. Schedule 4 - Photographic Evidence: Photos documenting the condition of the property at termination

5. Appendix A - Original Lease Agreement: Copy of the original lease agreement being terminated

6. Appendix B - Property Inspection Report: Final inspection report documenting the condition of the premises

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

Cost

Free to use
Relevant Industries

Real Estate

Retail

Hospitality

Office Space

Industrial

Warehousing

Manufacturing

Professional Services

Healthcare

Education

Technology

Financial Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Administration

Risk Management

Property Management

Corporate Services

Commercial

Relevant Roles

Property Manager

Real Estate Manager

Facility Manager

Legal Counsel

Corporate Lawyer

Business Operations Manager

Chief Financial Officer

Commercial Director

Asset Manager

Lease Administrator

Real Estate Director

General Counsel

Company Secretary

Operations Director

Property Portfolio 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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