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

Differences in security deposit for land lease vs. commercial space lease specifically for Delft. Discover legal nuances, maxima and procedures for entrepreneurs in this innovation hub.

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In Delft, known for its Technopolis and vibrant business streets such as Pelikaanstraat and Rotterdamseweg, the security deposit for land lease differs significantly from that for commercial spaces. For land leases for parking spaces or sites around TU Delft or industrial areas, there is no statutory maximum such as the triple rent for retail premises (7:220 BW). Land lease falls under general lease rules with emphasis on reasonableness and fairness. Commercial spaces in Delft shopping areas or offices often require higher security deposits due to fitting-out costs for startups and tech companies, with strict administrative requirements. Withholding from land security deposits concerns soil or surface damage, such as in construction projects near the railway line; for commercial spaces, it concerns renovations in historic buildings. The repayment period is one month for both, but Delft commercial lessors must provide annual accounts. Land lessees have less protection than shopkeepers in the city centre, who can demand indexation via the Huurcommissie. Practical example: in a mixed contract for land plus building in the Technopolis area, the applicable regime applies per part. Disputes over security deposits in the Delft business context go to the subdistrict court in The Hague, with mediation via Vastgoed Belang or local trade associations. Advice for Delft entrepreneurs: make the distinction explicit in contracts. Lessees: demand transparency on local soil reports; lessors: document inspections thoroughly. This way you avoid costly court proceedings. (212 words)