Difference in Security Deposit for Land Lease vs. Commercial Space in Westland
Differences in security deposit for land lease vs. commercial space lease specifically for Westland. Discover legal nuances, maxima and procedures for greenhouse growers and entrepreneurs.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, the security deposit for land lease differs significantly from that for commercial spaces, particularly relevant for greenhouse builders and growers. For land lease (greenhouse plots, horticultural sites in Monster or Naaldwijk), there is no statutory maximum such as the threefold rent for retail spaces (7:220 BW). Land lease falls under general lease rules with emphasis on reasonableness and fairness, fitting the intensive Westland agricultural practice. Commercial spaces, such as halls in Honselersdijk or Poeldijk, often require higher security deposits for fitting-out costs such as foil greenhouses or cooling installations, with strict administrative requirements. For withholding on land security, it concerns soil or surface damage due to crop residues; for commercial spaces, renovations or wear and tear. The repayment period is one month for both, but commercial lessors must provide an annual account. Land lessees in Westland have less protection than shopkeepers, who can demand indexation via ROZ models. Practical example: in a mixed contract (horticultural land + company hall in Kwintsheul), the regulation applies per part. Disputes over security deposits go to the subdistrict court in The Hague, with mediation via Vastgoed Belang or LTO Glaskracht. Advice for Westland entrepreneurs: make distinctions in contracts explicit, with reference to local customs. Lessees: demand transparency on greenhouse depreciation; lessors: document inspections thoroughly. This way you prevent costly procedures at the Westland court. (212 words)