Termination of Commercial Lease Agreements in Westland
Rules for terminating commercial leases in Westland: notice periods, grounds such as personal use in greenhouse horticulture, and goodwill compensation. Protection of tenants against unreasonable termination.
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Arslan AdvocatenLegal Editorial
2 min leestijd
The termination of a commercial lease agreement for business premises in Westland is governed by strict rules under Book 7 of the Dutch Civil Code (BW), with consideration for the local greenhouse horticulture economy. Landlords in areas such as Naaldwijk, Monster, or Kwintsheul may terminate a lease due to urgent personal use, such as the expansion of greenhouses or horticultural operations, non-renewal of temporary contracts, or tenant default. A minimum notice period of one month applies, requiring written notification and clear motivation.
Tenants, often horticulturists or agricultural entrepreneurs, are granted a six-month reflection period following termination and may be entitled to a goodwill compensation in case of forced relocation, taking into account the high value of business locations in Westland. The subdistrict court in The Hague assesses the reasonableness of the termination; personal use must be concrete and necessary, for example, for the modernization of horticultural facilities.
For retail properties in Westland Shopping Park, additional tenant protection applies through the Rent Commission for rent assessment. In the event of a tenant's bankruptcy, common in the volatile greenhouse horticulture sector, the lease is automatically dissolved, though administrators may transfer the contract to buyers. Parties may agree on collective terminations in cases of redevelopment of greenhouse horticulture areas into sustainable energy projects.
Practical example: A horticulturist in Poeldijk avoided litigation by timely documenting all correspondence. These regulations ensure stability in the Westland commercial real estate market, which is crucial for the regional economy.