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Difference in Security Deposit for Land Lease vs. Commercial Space in Amsterdam

Differences in security deposit for land lease vs. commercial space in Amsterdam. Discover local nuances, statutory maxima and procedures for entrepreneurs in the capital.

2 min leestijd
In Amsterdam, the security deposit for land lease differs significantly from that for commercial spaces, particularly due to the busy real estate market around Zuidas, Oostelijke Handelskade and Amsterdam port areas. For land lease for parking spaces or sites in neighbourhoods such as IJburg or the port, there is no statutory maximum such as the threefold rent for shops (Article 7:220 BW). Land lease falls under general lease rules with emphasis on reasonableness and fairness, fitting Amsterdam's strict spatial planning regulations. Commercial spaces in the centre or Westpoort often require higher security deposits due to fitting-out costs and adaptations to monumental buildings. In case of withholding on land security, it concerns soil or surface damage, such as at temporary construction sites along the Ring A10; for commercial spaces, it concerns renovations or restoration of historical facades. Repayment period is one month for both, but commercial lessors must provide annual accounts, in accordance with local Huurcommissie practices. Land lessees in Amsterdam have less protection than shopkeepers in the Negen Straatjes, who can demand indexation via the municipality. Practical example: for a mix of commercial land and building in Amsterdam-Noord, the rules apply per part, with extra attention to APV regulations. Disputes over security deposits go to the subdistrict court in Amsterdam, with mediation via Vastgoed Belang or the Amsterdamse Ondernemersvereniging. Advice for Amsterdam entrepreneurs: make distinctions in contracts explicit, taking into account the Housing Construction Strategy 2025. Lessees: demand transparency on maintenance plans; lessors: document everything with photos of the Zuidas location. This way you prevent costly proceedings at the Rechtbank Amsterdam. (287 words)