Rights and Obligations Following Substitution of Tenancy in Westland

After the successful substitution of tenancy for a business premises in Westland, such as a greenhouse in Kwintsheul or a logistics property in Naaldwijk, specific rights and obligations come into effect for the new tenant. The new tenant assumes the existing contract, including the remaining term, rent price, and indexation clauses, as stipulated in Article 7:273 of the Dutch Civil Code (BW). This also encompasses guarantees, warranties, and ongoing renovation obligations, often specific to the agricultural sector in Westland. The landlord is required to deliver the premises vacant, in accordance with local regulations of the Municipality of Westland, and to document the transfer via a deed executed by a notary in 's-Gravenzande. The former tenant is released from obligations unless otherwise agreed in a deed. Key obligations include timely payment of rent, compliance with zoning plans for greenhouse horticulture or retail, and maintenance such as painting or greenhouse covering. In case of violations, such as non-compliance with environmental regulations regarding crop protection, the landlord may immediately seek dissolution through the subdistrict court in The Hague. New tenants must demonstrate solvency through annual accounts or bank guarantees, taking into account the dynamics of the Westland horticulture sector. Disputes concerning transferred debts, such as energy levies, are resolved through the Rent Tribunal or the District Court of Rotterdam. Parties may make additional agreements regarding the transfer of inventory, such as greenhouse equipment, provided these do not conflict with the Dutch Rental Law and other residential space regulations. This process ensures continuity of tenancy enjoyment in the Westland region and minimizes risks for growers and entrepreneurs. Advice: Always consult a notary in Westland for formal recording and verification of local permits.