Procedure for Substitution in Commercial Space in Amsterdam

The procedure for substitution of commercial space in Amsterdam follows a structured process as described in Article 7:271 of the Dutch Civil Code (BW). Landlords in the bustling Amsterdam city centre, where commercial spaces are scarce due to the municipality's zoning plan, must submit a written request to the Rent Tribunal. This request contains a detailed motivation, supporting documents regarding the solvency of the new tenant, and alignment with the Amsterdam zoning plan, as laid down in the General Municipal By-law (APV) and spatial planning regulations for the canal belt or Zuidas. The sitting tenant, often an SME entrepreneur in the Jordaan or De Pijp, has six weeks to file an objection. The Rent Tribunal, taking into account local pressure on the real estate market, subsequently organises a hearing in Amsterdam or digitally, where parties explain their arguments, including the impact on the vibrant neighbourhood function. Assessment criteria include financial stability, suitable business activities, and compliance with municipal regulations against densification. A binding decision follows within eight weeks. If approved, the new tenant steps into all rights and obligations, such as maintenance obligations and any rent arrears, in accordance with Amsterdam rental policy. Rejection allows for appeal to the district court in Amsterdam. Landlords risk fines or claims in case of abuse, for example to achieve speculation profits in the overheated market climate. Tenants are well-advised to engage a local lawyer specialised in Amsterdam rental law for optimal protection. These steps ensure a fair transition and withstand pressure from the competitive Amsterdam real estate market. (248 words)