Substitution of Tenant Commercial Space in Rijswijk - Transferring the Lease Agreement
Substitution of tenant concerns the transfer of a lease agreement to a new tenant, specifically for commercial spaces. This often plays a role in the sale of a business or transfer to a new owner in Rijswijk.
What Does Substitution of Tenant Entail?
In substitution of tenant, a new tenant takes over the position of the old tenant:
- The existing lease agreement remains in force
- All obligations and rights are transferred
- The lessor deals with a new tenant
- The original tenant is discharged from obligations
Legal Basis for Substitution of Tenant
For 290 commercial spaces (such as shops and hospitality venues) in Rijswijk, Article 7:307 of the Dutch Civil Code grants tenants a statutory right to substitution of tenant. This applies subject to conditions such as:
- Transfer of the business in the leased space
- A legitimate interest of the tenant
- Sufficient securities for the lessor
Important Conditions
The court, such as the District Court of The Hague, assesses substitution of tenant based on specific criteria:
1. Transfer of the Business
- The business must be fully transferred
- It is not merely about the lease agreement
- Goodwill, inventory, and customer base must be included
2. Legitimate Interest of the Tenant
- Financial motives (for example, business value)
- Personal reasons such as retirement or health issues
- Business considerations for the transfer
3. Securities for the Lessor
- Financial stability of the new tenant
- Relevant experience and expertise
- Continuity in business activities
Step-by-Step Plan for Substitution of Tenant
- Submit request to lessor: In writing, including information about the successor
- Provide documentation: Business plan, financial data, and background information
- Lessor's response: Consent or reasoned refusal
- In case of refusal: Within 2 months, initiate proceedings before the sub-district court
- Court's decision: Possible granting of substitution of tenant
When Can a Lessor Refuse?
Valid reasons for refusal include, among others:
- Insufficient financial guarantees from the successor
- Negative reputation or prior issues of the new tenant
- Plans for a different use of the space
- The lessor's own interests
Unfounded reasons for refusal include, for example:
- Aiming for a higher rent
- Personal objections without a business basis
- Intention to vacate the space
Costs and Contributions
A lessor may not demand compensation for consent, but may charge:
- Costs for investigating the successor (reasonable)
- Limited administrative costs
- Costs for amending contracts
Substitution of Tenant versus Contract Takeover
| Criterion | Substitution of Tenant | Contract Takeover |
|---|---|---|
| Legal basis | Yes (for 290 commercial space) | No |
| Lessor's consent | Enforceable via court | Always required |
| In case of refusal | Court proceedings possible | No option |
Office Spaces (230a Commercial Space) in Rijswijk
For office spaces, there is no statutory right to substitution of tenant:
- Lessor's consent is always required
- No possibility to enforce via the court
- Contractual conditions prevail
Impact on the Original Tenant
In the event of successful substitution of tenant:
- The original tenant is free from obligations
- No responsibility for future rent
- Existing debts must still be settled
Frequently Asked Questions about Substitution of Tenant in Rijswijk
Can I transfer my online shop via substitution of tenant?
Only if there is a physical location in Rijswijk that qualifies as 290 commercial space. A fully online business falls outside this scope.
Is the successor obliged to continue the same business?
In most cases, yes. A significant change in use may lead to refusal.
What if the lessor does not respond to my request?
Send a reminder with a clear deadline. If no response is forthcoming, you can submit the matter to the court, for example, the District Court of The Hague.
Substitution of tenant provides protection to entrepreneurs in Rijswijk who wish to transfer their business. Ensure a well-substantiated request and present the strong points of the successor. For legal advice, you can contact the Juridisch Loket Rijswijk.