Rights and Obligations After Subrogation in Amsterdam

After successful subrogation of commercial space in Amsterdam, specific rights and obligations come into effect for the new tenant. The new tenant takes over the existing contract, including the remaining term, rent price, and indexation clauses, as provided for in Article 7:273 of the Dutch Civil Code (BW). This also includes any guarantees, securities, and ongoing renovation obligations, often relevant for properties in vibrant neighbourhoods such as the Zuidas or the Jordaan. The landlord must deliver the space vacant and document the transfer via a deed, preferably with an Amsterdam notary. The former tenant is released from obligations, unless otherwise agreed. Important obligations include timely rent payment, compliance with the zoning plan – crucial in a city with strict rules for the city centre and Eastern Docklands area – and regular maintenance in accordance with the Amsterdam Housing Ordinance. In case of violations, such as breaching environmental zoning, the landlord may demand immediate dissolution via the District Court of Amsterdam. New tenants must demonstrate solvency through financial statements or bank guarantees, especially for properties under the auspices of the Amsterdam Rent Tribunal. Disputes over transferred debts are resolved via the Rent Tribunal or the district court (kantonrechter) in Amsterdam. Parties may make additional agreements regarding the transfer of fixtures and fittings, provided they do not conflict with the Commercial Space Rules Act. This process ensures continuity of the enjoyment of the lease in the dynamic Amsterdam market and minimises risks such as WOZ-related rent prices. Advice: always consult a specialised Amsterdam notary or lease law attorney for formal documentation and local nuances.