Eviction protection is a legal protection that tenants of commercial properties enjoy when the landlord terminates the lease and gives notice of eviction. This protection means that the tenant has the right to continue using the rented business premises for a certain period, even after the end of the lease.
Scope of eviction protection
Eviction protection applies to different types of business premises, such as office spaces and retail properties. According to the Civil Code (BW), a business premises is defined as a built immovable property intended for the operation of a business. This is therefore not a living space.
'Other business space
In addition to the specific business premises that fall under the definition of the Civil Code, tenants of other business premises can also claim eviction protection. Other commercial space includes, for example, catering establishments, craft businesses and practice spaces.
Rental agreement and termination of the lease
The rental agreement can be terminated by both the tenant and the landlord. The notice period and procedure depend on the agreements laid down in the rental agreement and the legal provisions.
Notice of eviction
When the landlord has terminated the rental agreement, he can notify the tenant of the eviction. The notice must be in writing and must state the time at which the eviction will take place. The tenant of a commercial space within the meaning of art. 7:230a BW is entitled, under certain conditions, to an initial period of eviction protection of two months and that period commences after the time at which the eviction has been notified. This must be done in writing.
Interests of the tenant in eviction protection
Eviction protection gives the tenant the right to continue using the rented business premises for a certain period, even after termination of the lease. This gives the tenant the opportunity to continue his activities and prepare for a possible move.
Request for eviction protection
The tenant can petition the court to obtain eviction protection. In this petition, the tenant must indicate the reasons why he is entitled to eviction protection and why his interests would be harmed in the event of forced eviction.
Interests of the landlord in eviction protection
The landlord has the right to have the rented business premises vacated after termination of the rental agreement. This enables the landlord to make the rented property available again for new tenants or other purposes.
Extension of eviction protection
In some cases, the tenant can request the court to extend the eviction protection. This can happen, for example, if the tenant can demonstrate that his interests in the event of an eviction will be more seriously harmed by the eviction.
Procedure for obtaining eviction protection
To obtain eviction protection, the tenant must file a petition with the court. In this petition, the tenant must clearly explain his arguments and interests. This way, the tenant knows immediately whether he or she is entitled to eviction protection.
Processing of the request
The judge will assess the request for eviction protection and take into account all relevant circumstances. The judge may decide to grant eviction protection and set a new period within which the tenant may continue to use the business premises.
Extension of eviction protection
If the tenant submits a request for an extension of eviction protection, the judge will again weigh the interests of both the tenant and the landlord. The judge may decide to extend eviction protection for a new period, for example a maximum of one year. This means that the tenant can stay longer.
Conclusion
Eviction protection is an important right for tenants of commercial properties. It offers tenants the opportunity to continue their activities even after the lease has ended. The rights of tenants and landlords are carefully weighed by the judge, who takes into account all relevant circumstances.
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Help Center
What exactly does eviction protection entail?
Eviction protection gives tenants of commercial space the right to continue using the rented space for a certain period, even after termination of the lease. In this case, the tenant may ask the court for eviction protection.
Which business premises are covered by eviction protection?
Both specific business premises according to the Civil Code and other business premises can claim eviction protection.
How can I obtain eviction protection as a tenant?
As a tenant, you must submit a petition to the judge in which you indicate why you are entitled to eviction protection and why your interests would be harmed if eviction. The judge will decide whether you as a tenant are entitled to eviction protection.
Please note: the judge will only grant a request for extension if the tenant's interests are more seriously harmed by the eviction than those of the landlord if the tenant continues to use the property.
Can eviction protection be extended?
Yes, in some cases the tenant can request the court to extend eviction protection, depending on the circumstances. To this end, the tenant must once again submit a request for eviction protection.
Is the landlord not entitled to eviction?
Yes, the landlord has the right to have the rented business premises vacated after termination of the lease agreement. However, eviction protection takes the interests of the tenant into account.
Please note: This article is intended as an informational guide and is not intended as legal advice. For specific legal issues, it is recommended to consult a specialized lawyer in the field of tenancy law.
