Does the tenant have to vacate the shop by the stated end date?

No. The lease does not end before the date set by the court. The landlord must initiate legal proceedings. The court will check, for instance, whether the correct notice period has been observed and whether the statutory ground for termination cited does justify the termination. If this is the case, the court will set an end date and an eviction date.

An exception applies if the tenant himself terminates the lease or agrees to the termination by the landlord. In that case, the lease does terminate on the notified end date and the tenant must have vacated the building by that date.

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Related questions

  • 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.

  • 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.

  • 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.

  • 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.