Rights and Obligations After Subletting in Delft

After successful subletting of commercial space in Delft, specific rights and obligations come into effect for the new tenant. In this innovative city, with many startups around TU Delft and the Technopolis area, 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, for example in properties in the historic centre or along the Delftse Hout. The landlord must deliver the space vacant in accordance with the requirements of the Delft welfare note and document the transfer via a deed with a local notary. The former tenant is free from obligations, unless otherwise agreed in an annex. Important obligations include timely rent payment, compliance with the Delft zoning plan – such as zones for mixed use in the city centre – and regular maintenance to prevent water damage from the canals. In case of violations, such as in conflict with environmental rules around the railway line, the landlord can demand immediate dissolution via the sub-district court in The Hague. New tenants must demonstrate solvency via annual accounts or bank guarantees, especially for properties in the Delft Science Park. Disputes over transferred debts are settled via the Rent Tribunal, with attention to local precedents. Parties may make additional agreements regarding inventory transfer, provided they do not conflict with the Delft Housing Ordinance. This process ensures continuity of the enjoyment of the lease in the dynamic Delft market and minimises risks. Advice: always consult a notary in Delft for formal recording and verification of monument status.