Substitution Criteria for Commercial Space in Rijswijk
Substitution of a commercial space in Rijswijk means that a new tenant replaces the current tenant. This can only occur under strict statutory criteria. Discover the conditions, rights and obligations specific to Rijswijk at the District Court of The Hague.
In Rijswijk, district of the District Court of The Hague, substitution of commercial spaces involves the current tenant being replaced by a new one. The lessor may initiate this, but only under strict conditions from the Lease of Movables Act. For tenants in Rijswijk, the Juridisch Loket Rijswijk offers free advice. This article discusses the criteria, procedures and local implications.
What is substitution in Rijswijk?
Substitution is a legal mechanism whereby a new tenant takes over an existing contract for commercial spaces such as shops on the Hoefkade or offices in Rijswijk. This often occurs in business takeovers or bankruptcies. The lessor submits a request to the rent tribunal, which for Rijswijk falls under the District Court of The Hague.
The procedure requires approval from the rent tribunal. Only thereafter can the takeover take place, with attention to local regulations in Rijswijk.
Statutory basis for substitution in Rijswijk
Key laws:
- Lease of Movables Act (Whz): Articles 7:900-7:905 regulate substitution for commercial spaces in the district of The Hague, including Rijswijk.
- Commercial Spaces Substitution Act: Establishes procedures and criteria, applicable to Rijswijk.
- Commercial Spaces Substitution Decree: Contains specific conditions for assessment.
The District Court of The Hague handles disputes. Contact Juridisch Loket Rijswijk for assistance.
Criteria for substitution in Rijswijk
The rent tribunal assesses:
- Reliability: Good credit report, no bankruptcies. Required for Rijswijk locations.
- Suitability: Appropriate use, e.g. retail for shops in Rijswijk-Buiten.
- Financial capacity: Proof of ability to pay rent via bank statement.
- No nuisance: No objections from neighbors in Rijswijk complexes.
- Lessor consent: Written approval essential.
Practical examples of substitution in Rijswijk
Examples:
| Situation | Possible? | Reason |
|---|---|---|
| Shop takeover Hoefkade, new retailer with solid finances | Yes | Meets all criteria |
| Bankrupt office tenant, new party with debts | No | Lacks reliability |
| Industrial property, private takeover | No | Not suitable for the space |
Procedure at the District Court of The Hague for Rijswijk
1. Lessor submits request to rent tribunal.
2. Assessment of criteria (4-6 weeks).
3. In case of objection: procedure at the District Court of The Hague.
Consult Juridisch Loket Rijswijk for help.
Rights and advice in Rijswijk
Tenants have the right to object. For local advice: Juridisch Loket Rijswijk or lawyer specialized in lease law in The Hague.