Rights and Obligations After Subletting in Place

After successful subletting in place, specific rights and obligations come into effect for the new tenant of the commercial space. The new tenant takes over the existing contract, including the remaining term, rent price, and indexation clauses, as provided for in Article 7:273 of the Dutch Civil Code (BW). This also includes any guarantees, securities, and ongoing renovation obligations. The landlord must deliver the space vacant and document the transfer via a deed. The former tenant is released from obligations, unless otherwise agreed. Important obligations include timely rent payment, compliance with the zoning plan, and maintenance. In case of violations, the landlord may demand immediate dissolution. New tenants must demonstrate solvency through financial statements or bank guarantees. Disputes over transferred debts are resolved via the Rent Tribunal (Huurcommissie). Parties may make additional agreements regarding the transfer of fixtures and fittings, provided they do not conflict with the law. This process ensures continuity of the enjoyment of the lease and minimises risks. Advice: always consult a notary for formal documentation. (199 words)