Substitution Criteria for Business Premises in Amsterdam
Substitution of business premises in Amsterdam: a new tenant takes the place of the current one. Discover the specific criteria, procedures at the District Court Amsterdam (Parnassusweg 220) and rights for tenants and landlords.
In Amsterdam, substitution of business premises is a common process for offices, shops and warehouses in the city centre or on the edges such as the Zuidas. The landlord may propose a new tenant, but this must comply with strict rules from the Goods Lease Act. In case of disputes, you can go to the District Court Amsterdam, Parnassusweg 220 or the Legal Aid Office Amsterdam, Vijzelstraat 77 for free advice.
What does substitution in Amsterdam entail?
Substitution means that a new tenant takes over the existing contract, often in the event of a company sale or bankruptcy. In Amsterdam, with its dynamic real estate market, the rent committee checks whether the new party fits the premises, such as a retail unit on the Kalverstraat.
The landlord submits a request to the rent committee. After approval, the takeover can take place. In case of rejection, you can appeal to the District Court Amsterdam.
Legal basis in Amsterdam
Key laws:
- Goods Lease Act (Whz): Articles 7:900-7:905 regulate substitution for business premises in Amsterdam.
- Business Premises Substitution Act: Specific procedures, applied locally.
- Substitution Decree: Concrete conditions, relevant for the North Holland region.
The landlord must demonstrate criteria such as solvency. In Amsterdam, the committee pays extra attention to the match with the zoning plan.
Criteria for substitution in Amsterdam
The rent committee assesses:
- Reliability: Positive credit report, no bankruptcies. Check at Legal Aid Office Amsterdam, Vijzelstraat 77.
- Suitability: Appropriate use, e.g. hospitality in the Pijp remains hospitality.
- Financial capacity: Proof via bank statement for Amsterdam rental prices.
- No nuisance: No risk to neighbours in densely populated neighbourhoods.
- Landlord consent: Written agreement required.
Practical examples Amsterdam
Examples from practice:
| Situation | Possible? | Reason |
|---|---|---|
| Shop on Damrak: new retailer with solid finances | Yes | Meets all criteria |
| Office Zuidas: party with debts | No | Financial unreliability |
| Warehouse Westpoort: suitable industrial firm | Yes | Suitable and financially capable |
Procedure in Amsterdam
1. Landlord submits request to rent committee.
2. Assessment of criteria (4-6 weeks).
3. In case of objection: hearing at District Court Amsterdam, Parnassusweg 220.
4. Takeover after approval.
For advice: visit the Legal Aid Office Amsterdam, Vijzelstraat 77 or consult a local real estate lawyer.