Russell Advocaten offers you the best possible service in project development of real estate, and buying, leasing and letting accommodation and business premises. We are also specialized in all aspects of administrative law pertaining to real estate, such as zoning plans, government planning and development, and permits.
Our clients often ask the following questions. Do you have any other questions or would you like to submit a dispute to us? Call us at +31 20 301 55 55 without obligation or send us an e-mail.
That depends on the zoning plan and possibly on the leasehold conditions and lease agreement. The municipal zoning plan lays down which use is permitted on a particular plot of land, for instance, residential, retail, business, office or social use.
Deviation from the zoning plan is sometimes possible with an environmental permit. This way, your company can still be realised in the building you found.
So have an expert assess the zoning plan before you buy or rent a property.
No. The lease does not end before the date set by the court. The landlord must initiate legal proceedings. The court will check, for instance, whether the correct notice period has been observed and whether the statutory ground for termination cited does justify the termination. If this is the case, the court will set an end date and an eviction date.
An exception applies if the tenant himself terminates the lease or agrees to the termination by the landlord. In that case, the lease does terminate on the notified end date and the tenant must have vacated the building by that date.
The law provides for a comprehensive rent review scheme, in addition to the annual indexation from the lease agreement. The landlord can apply this arrangement for rent increase, the tenant for rent reduction. The rent can be adjusted at the end of the agreed term of the lease or when at least 5 years have elapsed since the last rent adjustment.
The new rent is related to the average rent paid in the previous 5 years for comparable local premises. Experts give advice on this. If the parties cannot agree on the new rent, they can ask the court to establish a new rent.
In the rental agreement, the parties may deviate from this statutory regulation. The tenant and the landlord may also agree on an interim adjustment of the rent by mutual agreement.
That depends on whether customers can pick up orders in the rented property. If that is the case, then, in principle, the same extensive rental protection applies as for ordinary retail premises, catering establishments and pick-up and delivery services, where customers can purchase products or services directly. For instance, the lessor can only terminate the lease with a legal ground for termination and that termination requires the consent of the tenant or the court.
If the webshop is mainly a showroom where products can be tested that are sent after they have been ordered, in principle, the extended rental protection does not apply. The tenant can only invoke evacuation protection.
In case of a combination of both types of use the main use determines the extent of rental protection. According to the court, a pedicure who carried out treatments in the rented premises and also had care products sold through her online shop picked up from the premises, did not fall under the extensive rental protections for ordinary retail premises.
No. The rent of an office space may only be adjusted if the tenant and the lessor have agreed to this in the tenancy agreement or in a further agreement. If rent adjustment is not provided for in the tenancy agreement and the tenant does not agree to the rent increase, the lessor is not allowed to increase the rent.
The tenant must vacate the premises within 2 months after the notified evacuation date, or request evacuation protection in the subdistrict court. The court assesses whether the interest of the tenant is more seriously harmed by the eviction than the interest of the landlord by the tenant’s continued use.
The judge can extend the eviction period by one year. After that, the tenant can request an extension twice more. During the proceedings, the tenant may continue to use the rented property. Of course, the tenant must then continue to pay rent.
The landlord may demand eviction in summary proceedings if the tenant fails to request eviction protection in good time and does not voluntarily vacate the leased property.
No. You run the risk of the rental agreement automatically changing into a rental agreement for an indefinite period. And the tenant might be entitled to full rent protection.
It is possible to rent out residential accommodation for a limited period of time up to a maximum of 2 years with reduced rent protection. However, this is subject to strict conditions, for example, the rental agreement cannot be renewed. If you do so anyway, the rental agreement automatically changes into a rental agreement for an indefinite period and the tenant is entitled to full rent protection.
Consequence: You need a legal ground for termination to terminate the lease and the consent of the tenant or the court.
If a permit is required for the renovations of your neighbours, you can object to the municipality or submit an opinion to the municipality. You have to do so within the fatal deadline of six weeks after the publication of the (draft) decision. Make sure to keep a close eye on the municipal announcements. You can find them on the municipal website or in the free local paper.
In the notice of objection/opinion you explain why and that you do not agree with the building plans. If the objection/opinion fails, you can appeal to the court and, if necessary, to the Administrative Jurisdiction Division of the Council of State.
Some renovations, for instance a dormer at the back of a building, are not subject to a permit requirement. If you do not agree with these plans, talk to your neighbours and try to work it out together.
Probably as of 1 July 2024, terminating temporary lease of residential accommodation will become more difficult for landlords. However, there are some exceptions. What are the new rules for temporary letting of residential accommodation?
Why is it wise for a landlord to include a diplomat clause in a temporary rental agreement and what is the content of this clause?
Several times last year, the Amsterdam District Court annulled a clause in lease agreements that gave landlords the freedom to increase the rent by more than the inflation rate. This voided all rent increases from the beginning of the lease. But is this a correct interpretation of European consumer law?
