When a lease for a 230a commercial space, such as an office, workshop, or storage shed, is terminated by the landlord, the tenant is not required to vacate the premises immediately. The tenant is entitled to eviction protection.
Eviction protection is regulated in Article 7:230a of the Dutch Civil Code (BW). This provision gives tenants of 230a commercial spaces extra time to relocate their businesses after the lease ends. The tenant is not entitled to protection against eviction in the following cases:
If the landlord terminates the lease agreement and gives written notice of eviction, the tenant is automatically entitled to two months of eviction protection from the date the landlord gives notice. For example, if the landlord gives notice of eviction by July 31, the tenant is protected against eviction for the months of August and September. The tenant may continue to use the property during those months. During this time, the tenant may request an extension of the eviction protection from the court.
Please note that eviction protection is intended only for situations in which the tenant has been unable to find alternative business premises. Therefore, the tenant must look for replacement business premises.
The court may extend the eviction period by up to one year. This extension may be granted up to three times, provided that the tenant's interests outweigh the landlord's. Misconduct, such as nonpayment, causing a serious disturbance, or misusing the rented property, may be grounds for the court to reject an extension request.
Are you a tenant or landlord of a 230a commercial property with questions about lease termination, eviction, or extension of use? The tenancy law attorneys at Delissen Martens are ready to provide expert, up-to-date legal advice.
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