Lease contracts for office space, storage or other business premises are often referred to as 7:230a leases. This name refers to the applicable legal provision. Tenants of these leases are entitled to eviction protection after termination of the lease.
How does a tenancy agreement for other business premises end?
This type of tenancy agreement is characterised by a high degree of contractual freedom between landlord and tenant. They can choose for themselves how long the tenancy agreement runs and how the tenancy agreement ends. The parties therefore follow the rules in the tenancy agreement. Additional statutory provisions only apply if the tenancy agreement does not provide for termination of the lease.
If the lease agreement has been entered into for a certain period of time (e.g. five years), it will end after this period of time (in the example after five years), without the need for termination. If the lease agreement has been entered into for an indefinite period of time (i.e. without an end date), it will end by notice.
Does the tenant have to leave the premises when the rent has ended before 7:230a?
The end of the tenancy agreement does not mean that the tenant has to leave the premises. If the landlord wants the tenant to leave the rented property, the landlord must also cancel the eviction. A notice of eviction must be in writing and sufficiently clear. The tenant must understand that he must evacuate the rented property. A clear letter or e-mail will suffice. The notice of eviction must state a date that is equal to the date on which the lease ends or must be a later date. In other words: a lessor may not request eviction while the lease is in effect.
When can the tenant claim eviction protection?
If the lease of other business premises is terminated by the lessor, the tenant can claim eviction protection. Tenants regularly lay claim to this because, for example, they have not yet found replacement business premises. To invoke eviction protection, the tenant must submit a petition to the court no later than two months after the time at which the eviction was terminated. Example: if the eviction is terminated by 31 January 2021, the petition must be submitted to the court no later than 31 March 2021. This is a hard deadline. Even if the parties agree to postpone the eviction date, this deadline still applies. It is therefore wise to have a rent lawyer advise you in good time.
What happens after a request for an extension of the eviction period has been submitted to the court?
Submitting the request suspends the obligation to evict. This means that the tenant may remain in the rented property until the court has decided. During the proceedings, the tenant and the lessor are subject to the same rights and obligations as set out in the tenancy agreement.
The judge weighs up the interests. He can only grant the tenant’s request if:
- the request has been submitted on time; and
- the interests of the tenant (and any subtenant) are more seriously harmed by the eviction than the interests of the lessor in the event of continued use by the tenant.
Even if both conditions are met, the request may be rejected by the court in the event of improper use or serious nuisance by the tenant or non-payment.
If the court finds in favour of the lessor, it will determine when the leased property must still be vacated. If the court finds in favour of the lessee, it will grant the request for extension. In that case, the tenant may continue to use the property for a maximum of 1 year after the notified eviction date. The tenant may submit a request for an extension of the eviction a maximum of three times for 1 year each time. No appeal is possible against the court’s decision on the eviction request.
When can the tenant not claim eviction protection with a 7:230a lease agreement?
The tenant is not entitled to eviction protection if he has terminated the lease himself or if he has agreed to the termination of the lease or the eviction by the landlord. It is therefore important for a tenant not to simply agree to the termination of a lease or the notice of eviction without seeking the advice of a lawyer in landlord and tenant law.
A tenant and landlord may also enter into a further agreement after entering into the tenancy agreement in which they agree that the tenant will not invoke eviction protection when terminating a 7:230a lease agreement. In that case, too, it is wise to have a lawyer inform you of this prior to the conclusion of such an agreement.
Do you have questions about eviction protection for 7:230a leases?
The commercial property tenancy attorneys of LVH Advocaten assist both tenants and landlords with all your questions regarding the termination of 7:230a lease agreements. On the one hand we can submit a petition on behalf of the tenant for the extension of the eviction period. On the other hand, we can submit a statement of defence on behalf of a landlord containing objections to the extension of the eviction period.
