Reinier Russell

managing partner

Reinier advises national and international companies
+31 20 301 55 55

Jan Dop


Jan is a specialist in employment law and corporate law
+31 20 301 55 55

Real estate and rent

Legal 500 2024 | 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.