For an office or commercial warehouse, Article 7:230a of the Dutch Civil Code (BW) can offer protection against immediate eviction after the tenancy ends. That protection does not automatically extend the tenancy agreement. If you need more time, a request must generally be filed with the subdistrict court judge (kantonrechter) within two months of the date by which eviction was demanded in writing.
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This time limit can be decisive for the continuity of your business. A relocation may require a new location, adjustments to installations and coordination with staff and customers. Start recording your options and interests immediately after receiving an eviction notice.
Which tenancy regime applies to your premises
“Other built commercial premises” include, for example, offices, storage spaces and many warehouses. Whether Article 7:230a BW applies depends on the agreement and the designated use. A shop or hospitality premises may instead fall under the protected regime of Article 7:290 BW.
The Netherlands Chamber of Commerce (KVK) compares the different types of commercial premises. The name of the model contract used is not the sole deciding factor. Where the use is mixed, the classification deserves extra attention.
End of the tenancy and eviction are separate questions
First, it must be assessed whether the tenancy validly ends under the contract and the applicable rules. The next question is whether you must leave the premises immediately. An invalid notice of termination and a request for additional time to vacate are therefore different legal routes.
A single letter can both terminate the tenancy and demand eviction. Examine the wording carefully and note the dates mentioned. Do not wait to seek advice until the landlord announces a bailiff; by then the relevant time limit may already be running.
Requesting an extension of the eviction period
Subject to conditions, the law allows you to ask the court for more time. Filing in time is important. Negotiations, a viewing of new premises or an oral request to the landlord do not replace a timely petition.
The government describes the initial protection and time limit for other commercial premises. The court can extend the eviction period; further extensions are again subject to conditions and time limits. Have the maximum duration and next steps established for your situation.
Which interests you must substantiate
Describe specifically why immediate departure would seriously affect you. Consider the availability of alternative premises, delivery times for installations and the time needed to arrange a permit or fit-out. Keep records of searches, rejections, quotations and schedules.
A general assertion that moving is difficult is less convincing than a verifiable relocation schedule. The landlord’s interests also count. If the landlord urgently needs the premises for a project, it must be made clear why, and for what period, your interest should prevail.
Not every tenant can invoke protection
The scheme has exceptions, for example in certain situations where the tenant has terminated the tenancy or has expressly agreed to its termination. The reason for the termination and any court decisions may also be relevant.
Therefore, do not sign a statement that you “agree to the end of the tenancy and eviction” without having it assessed if you still want to request extra time. Continue to meet the applicable payment and other obligations while you use the premises. A dispute may also arise about the fee for continued use.
First classify the built space and its designated use
An office, warehouse or storage space often falls under other built commercial premises. Even so, a combination with retail open to the public or hospitality may call for closer examination. Look at the agreed designated use, the layout and the relevant factual arrangements. The standard form chosen is an indication, but does not in itself decide which statutory regime applies.
Where the use is mixed, ask which parts have been let and whether they form a single whole in legal and practical terms. A storage space behind a shop may have a different context from a separately let warehouse. Have this assessed before you base a request solely on Article 7:230a BW. A different termination scheme exists for protected retail and hospitality premises.
First check whether the tenancy really ends
Read the term, the renewal clause, the notice period and the agreed form. A letter in which the landlord demands that you leave is not automatically a valid termination. Note the original contract date and any later amendments. Also check who is authorised to give notice and whether the correct contract is referred to.
Arguing that the tenancy does not validly end is different from requesting a postponement of eviction in case it does end. Where necessary, have both positions aligned. Otherwise, a tenant who only disputes the validity of the notice may miss a time limit for alternative protection. An adviser can determine how your positions should be worded without any unintended admission.
Read the eviction notice and its date carefully
A letter can contain both a notice of termination and a written eviction notice. Identify the date by which eviction is actually demanded and keep the full wording. For the statutory protection, the date at the top of the letter is not simply decisive. A month of confusion about the correct starting point can have major consequences for filing in time.
Have the final date for filing the request calculated and entered in your diary straight away. The two months are a critical statutory time limit, not an informal negotiation period. A conversation with the letting agent, a letter of objection or a planned viewing of an alternative does not replace the petition. The government information on other commercial premises describes the initial protection after an eviction notice.
What you specifically want to achieve with extra time
Explain why a particular extension period is needed and which steps can be taken during it. Think of selecting another location, investigating permits, delivery of machinery and a phased relocation. A schedule with milestones makes clear why you need, for example, more time than just a few extra working days.
Do not ask for a long period merely to avoid having to decide anything for the time being. Show that you are genuinely working towards a solution. Keep emails with letting agents, rejections of premises, quotations and delivery times. The court weighs your interest against that of the landlord; a concrete relocation plan makes that balancing exercise easier to assess than a general assertion that leaving is inconvenient.
Taking the landlord’s interest into account
Ask what plans the landlord has and why the premises must be available at the stated time. An intended renovation, own use or an arrangement with a new user may play a role. Try to understand the reasoning behind this, so that your request can respond specifically to the actual timing problem.
A shorter postponement or partial handover may be open to discussion in practice. However, this must be recorded carefully and be consistent with your legal position. A concrete interim solution can be more useful than merely opposing maximum demands. Keep monitoring the deadline for the request until there is a clear, legally valid agreement that adequately covers your situation.
Continued use is not free of charge
Protection against eviction does not mean that you may use the premises free of charge during the postponement. The fee for use and other obligations require attention. Record what amount is being paid and what may still be in dispute. Do not assume that the end of the original contract makes all obligations disappear during continued use.
Also keep records of arrangements on maintenance, access and insurance. If your relocation is phased, make clear which parts are still in use and when the keys are handed over. Otherwise, an unclear interim period can give rise to new payment or liability questions. Make sure any arrangement for temporary continued use matches the postponement requested or granted.
Preparing a further extension in good time
A first extension is not an unlimited guarantee. The law sets limits, and subsequent requests are again subject to conditions and time limits. After a decision, therefore, note immediately when the period granted ends and what next step may be needed. The KVK mentions the option of asking the court for a postponement.
Keep your relocation file up to date during the postponement. Show which actions have been taken and why the schedule may be changing. An unexpected delay must be specifically substantiated, for example with a delivery notice or a decision about necessary use. Do not wait until the end of the period to look into whether extra time may still be available.
Example of a substantiated request for more time
Suppose a company has found another location for its warehouse, but the necessary modification of an electricity connection will be completed later than the eviction date stated in the notice. The business has quotations, a confirmed schedule and a relocation plan. This fictitious example shows which facts can support a concrete need for time.
The outcome still depends on the statutory conditions, the exceptions and the landlord’s interests. An agreement for the new premises does not automatically entitle you to the postponement requested. A targeted file can, however, make clear why a defined period is needed and what will happen during it. For a shop or hospitality premises, you must first look at the other tenancy regime.
Frequently asked questions about Article 230a commercial premises
Do I automatically get a new tenancy agreement?
No. Protection against eviction concerns a postponement of departure and is not the same as an extension of the tenancy agreement.
Can I still file a request after two months?
Missing the time limit can cost you your protection. Have the eviction notice and the calculation of the time limit assessed straight away.
May I wait while negotiations are ongoing?
Not if this causes the filing deadline to pass. Only concrete, legally valid agreements may give you a different starting position.
Does this also apply to a shop?
A shop often falls under a different regime. For that, read termination of retail and hospitality tenancies.
Does the time limit start on the date at the top of the letter?
Not necessarily. The wording of the written eviction notice and the date by which eviction is demanded are important. Have the letter assessed in full and the final filing date calculated. Do not rely on your own judgement and use only the date of sending or receipt.
Can I request protection if I terminated the tenancy myself?
The scheme has exceptions, including certain situations where the tenant gave notice or expressly agreed to the termination. So do not assume that protection always remains available. Have your earlier statements and the reason for the termination assessed before you count on a postponement.
What if the landlord asks for more money during the postponement?
Ask for the basis and calculation of the fee for use being demanded. Compare it with the agreement, the arrangements made and any court decision. A postponement does not mean that every new payment claim is established without assessment. Make sure any dispute about the fee is aligned with your eviction proceedings, and continue to meet undisputed obligations.
Is searching for other premises required for a strong request?
The specific circumstances are decisive, but demonstrable efforts to search and relocate can support the need for time you put forward. Keep records of viewings, responses and schedules. Merely saying that there is no alternative, without explaining what has been investigated, provides less support.
Timely help with an eviction notice
Contact Arslan Advocaten with the tenancy agreement and the complete letter. Let us know the eviction date stated in the notice straight away.
