Procedure for Substitution in Commercial Space

The procedure for substitution of commercial space follows a structured process as described in Article 7:271 of the Dutch Civil Code. First, the landlord must submit a written request to the Rent Tribunal, accompanied by motivation and supporting documents regarding the new tenant. The current tenant has six weeks to lodge an objection. Subsequently, the tribunal organizes a hearing where all parties explain their positions. The assessment focuses on criteria such as solvency, business activities, and compliance with the zoning plan. A binding decision follows within eight weeks. Upon approval, the new tenant steps into the rights and obligations of the lease agreement, including ongoing obligations such as maintenance and rent arrears. Rejection may lead to appeal to the district court. Landlords must avoid misusing the procedure for personal gain, otherwise risking damage claims. Tenants can be assisted by a lawyer to strengthen their position. These steps ensure a fair transition and protect all parties involved against arbitrariness. (198 words)