Real estate and rent

Russell Advocaten is at your service in managing, buying, renting and letting business premises, offices and residential property

Legal 500 2021 | Russell Advocaten leading firmRussell Advocaten offers you the best possible service in project development of real estate, and buying, leasing and letting accommodation and business premises. We are also specialized in all aspects of administrative law pertaining to real estate, such as zoning plans, government planning and development, and permits.

Frequently Asked Questions

Our clients often ask the following questions. Do you have any other questions or would you like to submit a dispute to us? Call us at +31 20 301 55 55 without obligation or send us an e-mail.

    • May the buyer of a leased office space increase the rent?

      No. The rent of an office space may only be adjusted if the tenant and the lessor have agreed to this in the tenancy agreement or in a further agreement. If rent adjustment is not provided for in the tenancy agreement and the tenant does not agree to the rent increase, the lessor is not allowed to increase the rent.

    • When does the tenant of an office, warehouse, or practice space have to leave the premises if the lessor gives notice of termination?

      The tenant must vacate the premises within 2 months after the notified evacuation date, or request evacuation protection in the subdistrict court. The court assesses whether the interest of the tenant is more seriously harmed by the eviction than the interest of the landlord by the tenant’s continued use.

      The judge can extend the eviction period by one year. After that, the tenant can request an extension twice more. During the proceedings, the tenant may continue to use the rented property. Of course, the tenant must then continue to pay rent.

      The landlord may demand eviction in summary proceedings if the tenant fails to request eviction protection in good time and does not voluntarily vacate the leased property.

    • I rented out my place for one year. The tenant wants to extend for half a year. Can I agree to this without risk?

      No. You run the risk of the rental agreement automatically changing into a rental agreement for an indefinite period. And the tenant might be entitled to full rent protection.

      It is possible to rent out residential accommodation for a limited period of time up to a maximum of 2 years with reduced rent protection. However, this is subject to strict conditions, for example, the rental agreement cannot be renewed. If you do so anyway, the rental agreement automatically changes into a rental agreement for an indefinite period and the tenant is entitled to full rent protection.

      Consequence: You need a legal ground for termination to terminate the lease and the consent of the tenant or the court.

    • My neighbours are going to renovate, what can I do against it?

      If a permit is required for the renovations of your neighbours, you can object to the municipality or submit an opinion to the municipality. You have to do so within the fatal deadline of six weeks after the publication of the (draft) decision. Make sure to keep a close eye on the municipal announcements. You can find them on the municipal website or in the free local paper.

      In the notice of objection/opinion you explain why and that you do not agree with the building plans. If the objection/opinion fails, you can appeal to the court and, if necessary, to the Administrative Jurisdiction Division of the Council of State.

      Some renovations, for instance a dormer at the back of a building, are not subject to a permit requirement. If you do not agree with these plans, talk to your neighbours and try to work it out together.

Our real estate and rent lawyers

Meet our specialist lawyers in buying, selling, renting and letting shops, office space and other business premises

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Our offices

Russell Advocaten focuses on entrepreneurs, director and major shareholders, managers, supervisory board members, affluent individuals and expats. We will gladly assist you on all fronts in your daily business operations. We provide legal advice, mediate between different parties and assist you in legal proceedings.

Fees

Our hourly fees are in line with the market. Costs due to third parties under the mandate (such as charges, bailiff’s costs and court fees) will be discussed with you in advance.

In addition, we are prepared to agree on fixed rates for certain services. Following a personal meeting with you, we will determine whether your case is suitable for this as this concerns usually cases that are relatively easy to understand from a legal point of view.

No legal aid (Raad voor Rechtsbijstand)

We do not provide state funded legal assistance, what is referred to as “toevoeging”. You can find out whether you are eligible for a “toevoeging” on the website of the Raad voor Rechtsbijstand: www.rvr.org.

Litigation

Real estate and rent news

Our lawyers regularly publish blogs, newsletters, articles and books on real estate and rent. We also regularly organize seminars and workshops. Below you will find an overview of our publications and events.

  • Retail
  • Employment law and dismissal

Questions and challenges during COVID-19: Dutch employment law, tenancy law and contract law

13 September 2021

In this article, we will discuss several questions and challenges in the field of Dutch employment law, tenancy law and contract law during COVID-19.

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  • Retail
  • Real estate and rent

Calculation of rent reduction due to lockdown

30 August 2021

How does the court calculate a lower rent due to the lockdown? Does online turnover count? Does it matter whether the tenant or landlord is large or small?

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  • Employment law and dismissal

Be careful with the employer’s statement!

14 June 2021

Before obtaining a mortgage or rental contract, banks or landlords often ask for an employer’s statement. Such a statement can sometimes have unintended consequences for the employer. What do you need to be aware of?

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  • Expats
  • Administrative law and the environment

The Netherlands: Gateway to Europe

3 May 2021

The Netherlands likes to present itself as “the gateway to Europe.” And not without reason: excellent travel connections (Schiphol Amsterdam Airport and Rotterdam Seaport) and a highly educated population speaking several languages.

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  • Art
  • Employment law and dismissal

Russell Advocaten recommended by The Legal 500 2021

20 April 2021

Russell Advocaten has for the 17th consecutive year in a row been included in The Legal 500. We are pleased with the recognition for the quality of our legal services by experts and clients. Please read what they say about us:

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  • Retail
  • Real estate and rent

Tenant and landlord must share pain of lockdown

30 March 2021

When is a tenant entitled to rent reduction? How are the consequences of the coronavirus crisis shared between landlord and tenant?

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  • Retail
  • Real estate and rent

What to do when a lessee goes bankrupt?

25 November 2020

There are still fewer bankruptcies than expected due to the coronavirus crisis. Many shops are still keeping their heads above water thanks to the government support. There is, however, a good chance that they will crash when the support is over. Especially if the second wave will be followed by a third wave. As a lessor, what do you have to pay attention to if a lessee goes bankrupt?

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  • Real estate and rent

Leasing/letting: A defect in the rented property: Who is responsible?

26 October 2020

What can the tenant of a property do if his rental enjoyment is affected by defects in the rented property? Does he have to solve this himself or does the landlord have to do so?

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