Substitution criteria for commercial space in Delft
Substitution of commercial space in Delft means that a new tenant replaces the current tenant. This can only occur under specific criteria and legal rules. Discover the conditions, rights and obligations specific to Delft, district Court of The Hague.
In the case of substitution of commercial space in Delft, the current tenant is replaced by a new tenant. The landlord may desire this, but only under strict conditions laid down in the Lease of Movables Act. For Delft, district Court of The Hague, the new tenant must meet requirements of reliability and suitability. For questions, contact the Legal Aid Office Delft.
What is substitution in Delft?
Substitution is a legal process whereby a new tenant takes over an existing lease agreement, often for offices or shops in Delft. For example, if a tenant goes bankrupt. The landlord requests permission from the rent tribunal, which assesses whether the new tenant meets the criteria.
Legal basis for Delft (district The Hague)
Key laws:
- Lease of Movables Act (Whz): Articles 7:900-7:905 on substitution, district Court of The Hague.
- Commercial Space Substitution Act: Procedure and criteria.
- Substitution Decree: Specific conditions for Delft.
The landlord may place a new tenant after approval from the rent tribunal. Criteria: reliability, financial capacity and suitability.
Criteria for substitution in Delft
The rent tribunal assesses:
- Reliability: Good credit record, no bankruptcies. Credit report required.
- Suitability: Appropriate use, e.g. shop by shopkeeper in Delft city centre.
- Financial capacity: Proof of rent payment capacity via bank statement.
- No nuisance: No objections from other tenants in Delft buildings.
- Landlord consent: Written agreement from landlord.
Practical examples Delft
Examples specific to Delft:
| Situation | Possible? | Reason |
|---|---|---|
| Shop in Delft bankrupt, new shopkeeper | Yes | Meets criteria |
| Office tenant sells business to unreliable party | No | Poor credit record |
| Industrial building to residential space | No | Not suitable |
Procedure in Delft
1. Landlord submits request to rent tribunal.
2. Tribunal assesses criteria (district The Hague).
3. If approved: new lease agreement.
Need help? Go to Legal Aid Office Delft.
Rights and obligations
Tenant: Right to be heard. Landlord: Obligation to follow criteria. In case of dispute: Court of The Hague.