Commercial lease in the Netherlands: Template, Key Clauses and Local Law (2026)

The one thing that decides a Dutch commercial lease In the Netherlands, the single most important question about a commercial lease (huurovereenkomst bedrijfsruimte) is which legal regime applies, because it decides how much protection the tenant gets. Dutch law splits business premises into two categories under Book 7 of the Civil Code (Burgerlijk Wetboek), and the difference is large: - Article 7:290 business space (middenstandsbedrijfsruimte). This covers premises open to the public where goods or services are supplied directly to customers, such as shops, restaurants, cafes, hotels, takeaways and showrooms. Tenants here get strong, mostly mandatory protection: a standard term of five years, automatic extension by another five, rent review rights, and termination by the landlord only on limited statutory grounds.

• Article 7:230a business space (overige bedrijfsruimte). This is the residual category for everything else, mainly offices, warehouses, factories and laboratories. There is far less protection. The lease ends as the parties agreed, and the tenant's main safeguard is the right to ask the court to postpone eviction, generally for up to three years. Crucially, the regime is decided by how the space is actually used, not by what the lease calls it. You cannot contract your way from 7:290 into 7:230a to dodge the protection. This article is general guidance, not legal advice. Have a Dutch property lawyer review a lease before you sign. ## What local law requires in 2026 - Classification by use. Whether a premises is 7:290 or 7:230a turns on its actual function. Mislabel it and the mandatory 7:290 protection can still apply.
• 7:290: term and extension. The default is a first term of five years, extended by law to ten in total, then continuing for an indefinite period unless validly ended. Shorter leases of two years or less are possible but treated specially.
• 7:290: termination grounds. The landlord can only end the lease on grounds set in the Civil Code, such as its own urgent need to use the premises, and often needs the court's involvement. This is the heart of the protection.
• 7:230a: eviction postponement. The tenant has no term protection, but after the lease ends can apply to the subdistrict court (kantonrechter) to postpone eviction, usually up to three years in total.
• Mandatory versus free terms. Much of the 7:290 regime is mandatory in the tenant's favour, so clauses that reduce it need court approval to be valid. The 7:230a regime leaves far more to the parties.
• ROZ model leases. Most Dutch commercial leases use the standard ROZ model forms (from the Raad voor Onroerende Zaken), with a model for 7:290 space and one for 7:230a space, plus general provisions. They are landlord-friendly, so negotiate the rider. ## Dutch commercial lease template Copy the block below and fill the bracketed fields. For most real deals, start from the correct ROZ model and negotiate a rider. ``` COMMERCIAL LEASE (HUUROVEREENKOMST BEDRIJFSRUIMTE) This lease is made on [DATE] BETWEEN: [LANDLORD NAME], [address] ("Landlord") AND [TENANT NAME], [address], [KvK number] ("Tenant") 1. PREMISES AND USE The Landlord lets to the Tenant [address and description]. Permitted use: [retail / hospitality / office / warehouse]. [This determines whether the lease is 7:290 or 7:230a business space.] 2. REGIME The parties record that, given the use, this is [7:290 / 7:230a] business space, and the mandatory rules for that category apply. 3. TERM The lease runs for [five years + five / agreed term] from [DATE]. [For 7:290, the statutory term and extension apply.] 4. RENT AND INDEXATION Rent is [AMOUNT] per [year], payable [monthly] in advance, plus VAT [if opted], indexed annually to [CPI index]. Service charges: [amount / on account with annual reconciliation]. 5. DEPOSIT / BANK GUARANTEE The Tenant provides [N months' rent] as a deposit or bank guarantee. 6. MAINTENANCE The Landlord maintains [structure and exterior]; the Tenant maintains [interior and installations], as set out in the schedule. 7. FIT-OUT AND ALTERATIONS The Tenant may carry out [agreed fit-out]; other changes need the Landlord's consent. At the end, [remove / leave] alterations as agreed. 8. ASSIGNMENT AND SUBLETTING The Tenant may [not] assign or sublet without consent, not to be unreasonably withheld. [Note 7:290 transfer-of-business rules.] 9. TERMINATION [For 7:290: termination only on statutory grounds with required notice.] [For 7:230a: ends on [DATE] / on [N] months notice; eviction protection may apply.] 10. GOVERNING LAW Dutch law applies. Disputes go to the competent Dutch court. Signed: Landlord ____________ Tenant ____________ Name / date Name / date

- **Term (clause 3).** For 7:290 space, the five-plus-five structure is largely mandatory, so a landlord cannot easily impose a short, freely terminable term. For 7:230a, the term is whatever the parties agree.
- **Rent indexation (clause 4).** Annual CPI indexation is standard in Dutch leases. Check the index and the base, and watch for upward-only or compounding mechanics.
- **Assignment on sale of the business (clause 8).** For 7:290 space, a tenant selling its business can in some cases transfer the lease to the buyer through the courts, which a landlord should understand before signing. ## Red flags to avoid - Labelling a shop or restaurant as "other business space" to avoid 7:290 protection. The actual use controls, and the mandatory rules still apply.
- Accepting a plain ROZ model without a negotiated rider, since the standard terms favour the landlord.
- Missing how rent indexation and service-charge reconciliation actually work, which can raise costs sharply.
- For 7:230a, assuming you have security of term when you only have limited eviction postponement.
- Overlooking who maintains what, a frequent and expensive dispute.
- Ignoring the VAT option on rent, which affects both parties' recoverable VAT. ## Where a contract workspace helps A template and the right ROZ model get you a workable Dutch lease. The ongoing work is everything after signing: confirming the lease is classified by actual use, tracking the five-plus-five term and each notice window so a renewal or exit is not missed, watching indexation dates and service-charge reconciliations, and keeping break options and guarantee expiries in view across a property portfolio. Drafting or reviewing a commercial lease, checking which regime applies, and tracking term, notice and indexation dates can sit in one AI workspace tuned to how your company leases. [Adira](https://adiralaw.com) is built around that shape: it drafts from a model lease, models the lease as linked clauses so it can flag a term that does not match the regime or an indexation mechanic that compounds, lets you edit in plain language, and keeps renewal, notice and break dates on one timeline. Adira is India-first today, and deeper Netherlands-specific coverage, including the 7:290 and 7:230a split, is on its roadmap rather than a settled claim, so use it for drafting and review and keep a Dutch property adviser for the local-law call. The template and model here are enough to start a fair lease on their own. Last verified October 2026.