NETHERLANDS Law and Practice Contributed by: Coco van Zuiden, Marijn Bodelier, Sabine Schoute and Simone Wijngaard, Greenberg Traurig, LLP
6.2 Types of Commercial Leases All leases are subject to the general statutory provisions, which are laid down in Sections 7:201-231 (excluding Section 7:230a), DCC. Depending on the use of property, a lease of immovable property will be subject to one of the following legal regimes in addition to the above- mentioned general provisions: • the regime for leases of residential premises; • the regime for leases of “230a premises”; and • the regime for leases of “290 business prem - ises”. Leases of premises that are used as a retail, handicrafts or camping establishment or as a hotel, restaurant or café are governed by Section 7:290 et seq DCC. Such premises are therefore referred to here as 290 business premises. A lease of immovable property that is not used as 290 business premises or as residential prem - ises is subject to the regime laid down in Section 7:230a, DCC (eg, office space and warehouses). The degree to which the lessee enjoys security of tenure varies depending on the regime appli - cable to the lease. 6.3 Regulation of Rents or Lease Terms For commercial leases, parties are free to agree on the rent. For the purposes of the rules on rent in the DCC, residential premises in the Netherlands fall into one of two categories: social housing and “lib - eralised” (private sector) housing. Leases of social housing are subject to detailed rules on, among other things, the factors to be taken into account when calculating the rent and
the maximum amount of rent payable (a ceiling applies). In the case of private-sector housing, fewer rules apply and the lessee and lessor are free to agree
the rent and services provided. 6.4 Typical Terms of a Lease
Parties are free to draft their own contract, but in the Netherlands, lease contracts are often based on one of the templates drawn up by – and gov - erned by the general terms and conditions of – the Dutch Real Estate Council (ROZ). These templates, which are frequently used in the Netherlands, generally tend to favour the lessor. Standard lease terms are: • purpose of the lease; • designated use; • term; • rent and payment terms; • service charges; • security; and • maintenance and repair obligations. 6.5 Rent Variation Rent is usually subject to (an annual) indexation. Residential rent indexation may only take place once a year. Furthermore, in regulated residential properties the rent may be indexed by a maxi - mum percentage set by the government. Furthermore, the 290 business premises regime entitles each of the parties to a judicial rent review at the end of each lease term or, in the case of a lease for an indefinite period, five years after the last review took place. The review will be based on the rent paid for comparable prem - ises in the preceding five years and can there - fore lead to either an increase or a reduction in
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