What do you have to observe when entering into a pop-up store agreement?

In a pop-up store agreement there must be clearly laid down that it is entered into for less than two years. To the lease of shop premises, in principle, the same rules apply as to the lease of commercial premises where termination of the agreement is difficult. This is not in line with the flexible nature of a pop-up store, but if a lease is entered into for two years or less these rules do not apply.

In addition to the agreed lease period for the shop premises, on entering into the agreement the parties also have to take into account the following:

  • Local laws and regulations, such as the zoning plan
  • Necessary permits, such as an integrated environmental permit for rebuilding and/or advertising
  • Options for interim termination of the agreement, for instance if a permanent lessee is found for the premises
  • Liability in case of defects in or damage to the rented premises

Share on social media

Related questions

  • Can I hold my franchisor liable for providing incorrect sales and profit forecasts?

    Before concluding a franchise agreement, the franchisor often provides the (potential) franchisee with a sales and profit forecast. When the expectations turn out to be unrealistic and the franchisee had never concluded the franchise agreement had the information been represented correctly, the franchisee is likely to recover the damage suffered from the franchisor.

    The damage can be recovered from the franchisor successfully if the franchisor himself has conducted the research regarding the sales and profit forecast or if it was conducted on his behalf by a person he is liable for (for instance, an employee). This can be the case even if he didn’t know that the information was incorrect but the mistakes in the report are due to negligence of the franchisor or the person he is liable for.

    When the franchisor contracted a third party for researching and reporting of the forecast, the franchisor may rely on the accuracy of the information provided by the third party. Then, he will in principle not be liable for the damage.

  • 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.

  • What do I have to deal with in a shop-in-shop agreement?

    In addition to arrangements regarding the amount of usage fee/lease, the term of the agreement and how it should be terminated, there are other important matters the operator of the main store and the operator of the shop-in-shop have to agree on. Think, for instance, of arrangements about the design, personnel and maintenance of the shop-in-shop.

  • 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.