Lease agreement under Dutch law

Published on 19 January 2026 · Last updated 24 October 2026

Under Dutch law, a lease agreement (huurovereenkomst) is a contract in which the landlord gives the tenant the use of property, or part of it, in return for rent (Article 7:201 Dutch Civil Code). The rules depend on the property: residential space, retail and hospitality premises (Article 7:290) or other premises such as offices (Article 7:230a).

This page explains which rules apply to which type of property, how long a lease runs, how it is terminated, and how an agricultural lease (pacht) differs. Our Dutch lawyers in the Netherlands draw up and review lease agreements.

What is a lease agreement under Dutch law?

A lease (huur) is the agreement under which the landlord (verhuurder) undertakes to give the tenant (huurder) the use of a thing, or part of it, and the tenant undertakes to pay a consideration (Article 7:201(1) Dutch Civil Code). A lease can also concern property rights (Article 7:201(2)). The general rules are in Book 7, Title 4 of the Dutch Civil Code (Burgerlijk Wetboek). Unlike an agricultural lease (Article 7:317), they contain no written-form requirement, but a written contract is advisable as evidence.

The landlord must make the property available and keep it available as far as needed for the agreed use (Article 7:203). At the tenant’s request, the landlord must remedy defects, unless that is impossible or requires expenditure that cannot reasonably be expected of the landlord in the circumstances (Article 7:206(1)). If the landlord transfers the property, for example by selling it, the rights and obligations under the lease that fall due afterwards pass to the buyer (Article 7:226(1)).

Which rules apply to which type of property?

For immovable property, Dutch law distinguishes three regimes:

Residential space (woonruimte, Article 7:233): strong tenant protection. A landlord can only terminate on the statutory grounds, and if the tenant does not agree, the lease continues until the court has decided (Articles 7:271(5), 7:272 and 7:274(1)).
Retail, hospitality and similar business premises (bedrijfsruimte): built property let for a retail business, a restaurant or café, a takeaway or delivery service or a craft business, where the premises include a space open to the public for the direct delivery of goods or services, as well as premises let for a hotel or a campsite (Article 7:290(2)). As a rule, the contract cannot deviate from these rules to the tenant’s detriment (Article 7:291(1)).
Other built property, such as offices (often called “230a premises”): the general lease rules apply, with limited protection against eviction (Article 7:230a).

Which regime applies depends on the use for which the premises are intended under the lease agreement (Article 7:290(2)).

Disputes about a lease are heard by the subdistrict court (kantonrechter), regardless of the amount (Article 93(c) Code of Civil Procedure).

What are the minimum terms of a Dutch lease agreement?

For retail and hospitality premises, a lease runs for five years, or for a longer fixed period if agreed. A five-year lease is renewed by law for another five years when it expires; for a lease of more than five but less than ten years, the second term is shorter by as much as the first term exceeds five years (Article 7:292). These rules do not apply to a lease of two years or less (Article 7:301(1)). If the use continues for more than two years, a five-year lease on the agreed terms applies by law, minus the two years already passed (Article 7:301(2)), unless before the two years expire the parties conclude a new lease that falls under Article 7:292(1), or a deviating lease for which court approval was requested in time (Article 7:301(3)). If a lease renewed under Article 7:292(2) is not terminated against the end of the second term, it continues for an indefinite period, unless a fixed period follows from the contract or the parties agree one; a lease continued for a fixed period, or concluded for ten years or more, does not end by mere expiry but must be terminated against the end of that period, with the same formal requirements and court protection as described below (Article 7:300(1) to (3)). Clauses that deviate to the tenant’s detriment can be annulled for that reason, unless the court has approved them; a deviation from Article 7:307 (substitution of a new tenant on the sale of the business) cannot be approved (Article 7:291(2) and (3)).

For offices and other 230a premises, the law sets no minimum term. A lease for a fixed period ends when that period expires, without notice (Article 7:228(1)); if the tenant keeps using the premises with the landlord’s consent, the lease is, unless another intention appears, extended for an indefinite period (Article 7:230). A fixed-term lease of residential space does not, as a rule, end by mere expiry of the term (Article 7:271(1)), except for leases of two years or less to tenants in categories designated by order in council; such a lease ends on expiry only if the landlord informs the tenant in writing of the end date no earlier than three months and no later than one month before it, failing which it continues for an indefinite period (Article 7:271(2)).

What is an agricultural lease (pacht)?

An agricultural lease (pacht) is not a lease in the sense of Article 7:201 (Article 7:201(3)). It is the agreement under which immovable property is made available for use in agriculture (landbouw) in return for a consideration (Article 7:311). Pacht has its own rules in Book 7, Title 5 of the Dutch Civil Code, and many of them cannot be set aside to the detriment of the tenant (Article 7:399). The agreement, and any agreement to change or end it, must be made in writing (Article 7:317(1)) and needs the approval of the Grondkamer (the regional land tribunal); for an agreement to end the lease, that requirement lapses once the agreement has actually been carried out (Article 7:318(1) and (2)). The parties must submit it to the Grondkamer for approval within two months; once one party has done so, the other no longer has to (Article 7:321(1) and (3)).

An agricultural lease of a farm (hoeve) runs for twelve years and a lease of loose land (los land) for six years (Article 7:325(1)). A longer or shorter term is possible with a fixed end date, but a shorter term needs the Grondkamer’s approval (Article 7:325(2) and (3)). A lease of at least the statutory term is renewed by law for six years each time (Article 7:325(5)). These rules do not apply to a liberalised lease of loose land (geliberaliseerde pacht) if the parties agreed this in the contract (Article 7:397).

How can a lease agreement be terminated?

How a lease ends depends on the regime:

Retail and hospitality premises: either party can give notice against the end of the first or second term (for later periods, see Article 7:300 above), by bailiff’s writ or registered letter, with a notice period of at least one year (Article 7:293(1) and (2)). A landlord’s notice is void if it does not state the grounds (Article 7:294). Unless the tenant gave notice itself or has agreed to the termination in writing, the lease continues after the notice date until the court has irrevocably decided on the landlord’s claim to set the end date, a claim the landlord can bring if it has not received the tenant’s written consent within six weeks after the notice (Article 7:295).
Offices and other 230a premises: a lease for an indefinite period ends by notice against a rent payment date, with a notice period of at least one month (Article 7:228(2)). After the lease has ended, the tenant can ask the court to extend the eviction period, within two months after the written eviction notice (Article 7:230a(1)), for up to one year, which can be extended twice (Article 7:230a(5)). This does not apply if the tenant terminated the lease, expressly agreed to its termination or was ordered to vacate for breach (Article 7:230a(2)).
Residential space: notice must be given by bailiff’s writ or registered letter, and a landlord must state the grounds (Article 7:271(4) and (5)). The tenant’s notice period equals the rent payment period, but at least one and at most three months; the landlord’s is three months plus one month for each year of tenancy, up to six months (Article 7:271(6)).
Agricultural lease: notice against the end of a term, by bailiff’s writ or registered letter, at least one year in advance (Article 7:367(2)); a landlord must state the grounds (Article 7:368). If the tenant, within six weeks after the notice, informs the landlord by bailiff’s writ or registered letter that he objects and states his reasons, the lease continues until the court has irrevocably decided on the landlord’s claim (Article 7:369(1)).

Because a missed deadline or a missing ground can make a notice ineffective, the exact timing and content of a notice are decisive.

A landlord who wants to end a lease of built property because the tenant fails to perform, for example by not paying the rent, must as a rule ask the court to dissolve it; the landlord cannot do this by a simple written statement, apart from limited exceptions (Article 7:231(1)).

Can the tenant claim a rent reduction?

Yes, if the property has a defect. If a defect reduces the tenant’s enjoyment of the property, the tenant can claim a proportional rent reduction from the day the tenant properly notified the landlord of the defect, or the defect was otherwise sufficiently known, until it is remedied (Article 7:207(1)). There is no reduction for defects the tenant must repair or is liable for (Article 7:207(2)).

For an agricultural lease, the maximum permitted lease price is set by regulation (Article 7:327(1)). The tenant can also claim a reduction for a lease year or season in which, because of exceptional circumstances, the yield of the farm was considerably lower than could be expected when the lease was concluded, or the tenant temporarily had to do without all or part of the use of the land. No reduction is available for a fall in the prices of the farm’s products, for circumstances attributable to the tenant or whose consequences the tenant could reasonably have prevented by insurance or otherwise, or for damage the tenant can recover from someone else. The claim lapses six months after the end of the lease year or season (Article 7:330).

A practical example: what if the landlord’s notice states no grounds?

The following example is fictitious. A foreign retailer leases a shop in Amsterdam for five years. Four months before the end of the term, the landlord sends a registered letter terminating the lease, without stating any grounds.

The notice is void because it states no grounds (Article 7:294), and it is also too late, because the notice period is at least one year (Article 7:293(2)). The lease is therefore renewed by law for another five years (Article 7:292(2)). Even a valid notice would not end the lease on its own: unless the tenant agrees to the termination in writing, the lease continues until the court has irrevocably decided (Article 7:295(1)). This is why the deadlines deserve attention long before a term runs out.

Speak to a Dutch lease lawyer

Whether you are entering into, reviewing or defending a lease of offices, shop premises or agricultural land, the mandatory rules on term, notice and eviction shape your position, and the deadlines are strict. Our Dutch lawyers draw up and review lease agreements and act in lease disputes.

This work sits within our wider practice in Dutch contract law. Contact us to review your lease agreement.

Frequently asked questions about a Dutch lease agreement

What is a lease agreement under Dutch law?

It is a contract in which the landlord gives the tenant the use of property, or part of it, and the tenant pays rent (Article 7:201(1) Dutch Civil Code). Special rules apply to residential space, to retail and hospitality premises (Article 7:290) and to other built property such as offices (Article 7:230a). An agricultural lease (pacht) is not a lease in this sense (Article 7:201(3)).

How long does a commercial lease in the Netherlands last?

For retail and hospitality premises, five years or a longer agreed fixed term; a lease of at least five but less than ten years is renewed by law for a second term, up to ten years in total (Article 7:292 Dutch Civil Code). After that, and for a lease of ten years or more, the lease does not end by mere expiry but must be terminated (Article 7:300); a lease of two years or less is excluded, but becomes a five-year lease if the use lasts longer than two years (Article 7:301). For offices, the parties agree the term; a fixed-term lease ends on expiry without notice (Article 7:228(1)).

How do you terminate a commercial lease in the Netherlands?

For retail and hospitality premises, by bailiff’s writ or registered letter, at least one year before the end of the term (Article 7:293(2) Dutch Civil Code); a landlord must state the grounds (Article 7:294), and, unless the tenant agrees to the termination in writing, the lease continues until the court has irrevocably decided (Article 7:295). For offices let for an indefinite period, the notice period is at least one month (Article 7:228(2)), and the tenant can ask the court for more time to vacate (Article 7:230a).

Must a Dutch lease agreement be in writing?

The general lease rules contain no written-form requirement, but a written lease is strongly advisable. For residential and business premises, notice must be given by bailiff’s writ or registered letter (Articles 7:271(4) and 7:293(2) Dutch Civil Code). An agricultural lease (pacht), and any change or termination of it, must be in writing (Article 7:317(1)).

Can a landlord end a commercial lease after five years?

Only on limited grounds. Against the end of the first five-year term, the court can only allow the landlord’s claim if the tenant has not run the business as a good tenant should, or if the landlord makes it plausible that he, his spouse or registered partner, a first-degree blood relative or relative by marriage, or a foster child wants to put the premises to personal, long-term use and that he urgently needs them for that purpose; long-term use does not include selling the premises, but does include a renovation that is impossible without ending the lease (Article 7:296(1) Dutch Civil Code). A landlord who is the successor of a previous landlord, and not one of those relatives, cannot rely on own use if the notice is given within three years after the tenant was informed of the succession in writing (Article 7:296(2)). Against the end of the renewal term, and in later terminations, the court weighs the interests of the landlord against those of the tenant and any lawful subtenant; it must allow the claim on one of the grounds just mentioned, or if the tenant refuses a reasonable offer of a new lease that does not change the rent, or if the landlord wants to realise a use allocated to the premises in the environmental plan (Article 7:296(3) and (4) and Article 7:300(3)).