Does a webshop fall under the rental protection for retail space?

That depends on whether customers can pick up orders in the rented property. If that is the case, then, in principle, the same extensive rental protection applies as for ordinary retail premises, catering establishments and pick-up and delivery services, where customers can purchase products or services directly. For instance, the lessor can only terminate the lease with a legal ground for termination and that termination requires the consent of the tenant or the court.

If the webshop is mainly a showroom where products can be tested that are sent after they have been ordered, in principle, the extended rental protection does not apply. The tenant can only invoke evacuation protection.

In case of a combination of both types of use the main use determines the extent of rental protection. According to the court, a pedicure who carried out treatments in the rented premises and also had care products sold through her online shop picked up from the premises, did not fall under the extensive rental protections for ordinary retail premises.

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Related questions

  • How can the rent for retail space be adjusted?

    The law provides for a comprehensive rent review scheme, in addition to the annual indexation from the lease agreement. The landlord can apply this arrangement for rent increase, the tenant for rent reduction. The rent can be adjusted at the end of the agreed term of the lease or when at least 5 years have elapsed since the last rent adjustment.

    The new rent is related to the average rent paid in the previous 5 years for comparable local premises. Experts give advice on this. If the parties cannot agree on the new rent, they can ask the court to establish a new rent.

    In the rental agreement, the parties may deviate from this statutory regulation. The tenant and the landlord may also agree on an interim adjustment of the rent by mutual agreement.

  • 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.

  • 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.

  • Can I exercise my profession / business in the property I found?

    That depends on the zoning plan and possibly on the leasehold conditions and lease agreement. The municipal zoning plan lays down which use is permitted on a particular plot of land, for instance, residential, retail, business, office or social use.

    Deviation from the zoning plan is sometimes possible with an environmental permit. This way, your company can still be realised in the building you found.

    So have an expert assess the zoning plan before you buy or rent a property.