Oral arrangements about the use of commercial premises occur frequently in practice – certainly in the world of sport, where canteens, kitchens or spaces are, for example, used on an incidental basis. But when is there actually a lease agreement, and what tenant protection then applies? The ruling of the District Court of Rotterdam (ECLI:NL:RBROT:2025:8950) shows that this makes quite a legal difference.

What had been agreed?

A landlord had orally agreed with a tenant that the tenant could use the kitchen in the landlord’s canteen during the match season. The fee was initially €150 per Saturday, later €175. From the kitchen, the tenant sold, among other things, sandwiches, toasted sandwiches, chips and snacks to visitors on match days.

After some time, the landlord wanted to end the cooperation. The tenant invoked tenant protection under Section 7:290 of the Dutch Civil Code, while the landlord argued that this did not apply because the canteen was not open to the public and fell under Section 7:230a of the Dutch Civil Code as commercial premises.

Is there a lease?

The subdistrict court first states that there is a lease as soon as one party undertakes to make a thing (or part of it) available for use and the other party pays consideration for it (Section 7:201(1) of the Dutch Civil Code). It does not matter that the use is limited to certain times. In this case, it was therefore established that there was a lease agreement.

Which rental regime applies?

The court then had to determine under which rental regime this agreement falls. This is an important distinction because the rules differ per type of premises:

• Section 7:290 of the Dutch Civil Code: lease of commercial premises with strong tenant protection (such as cafés, restaurants or shops that are open to the public).
• Section 7:230a of the Dutch Civil Code: lease of other commercial premises with limited protection (for example, office space, storage, private spaces).

The key question was therefore: is the canteen open to the public?

Not public, but a closed character

The court found that it was not. The canteen was only open on match days and aimed at members and their guests. There was no advertising to the outside world, no free access, and no opening up to third parties. The activities therefore had a closed character. As a result, the premises did not fall under Section 7:290 of the Dutch Civil Code.

Consequence: application of Section 7:230a of the Dutch Civil Code

The agreement was qualified as lease of other commercial premises (Section 7:230a of the Dutch Civil Code). This means that the tenant does not enjoy extensive tenant protection, including protection against termination, but only eviction protection. The landlord could therefore terminate the agreement, subject to a reasonable notice period (three months in this case). Of course, as a tenant you can then invoke eviction protection. There are also some rules attached to that.

What can you learn from this as an entrepreneur?

Always record tenancy arrangements in writing.

Oral arrangements often lead to ambiguity and abuse.

Know which rental regime applies to you: 230a or 290?

Only buildings that are open to the general public fall under the strong tenant protection of Section 7:290 of the Dutch Civil Code. Public accessibility may also be limited – a pass, a barrier – that does not matter for Section 290!

So make sure you have it determined in advance under which regime your leased building falls. Some buildings and spaces are very clear, but there really remains a large grey area. The definition of Section 290 commercial premises is also an outdated definition dating from 1971. Politicians are looking into this. In discussions about whether something is a Section 290 or 230a commercial premises, location-boundedness often plays a major role.

Types of Section 290 commercial premises include, for example:

• Hospitality businesses: cafés, restaurants or hotels;
• Retail businesses;
• Craft businesses: goldsmiths, leather bag makers, shoemakers, hairdressers.

Closed-use premises under Section 230a mean less protection.

Premises that are only accessible to members or invitees usually fall under Section 7:230a of the Dutch Civil Code.

Types of Section 230a commercial premises include, for example:

• Canteens and clubrooms;
• Businesses that provide services relating to the human body: such as a nail stylist, a massage salon, nail stylists, beauty salons.
• Businesses that provide medical care: such as a dentist, general practitioner, psychiatrist, psychologist, care institutions, etc.

Notice period (and eviction protection) remain important for Section 230a premises.

Even if you fall under Section 230a commercial premises, termination must still be reasonable, and you should not forget that you have eviction protection!! As a tenant, you are given two months of eviction protection free of charge by the legislator, and within those two months you as a tenant must request additional eviction protection through the courts.

Do you have questions about the leasing of Section 290 or 230a commercial premises, terminating agreements, or would you like to know which regime applies to your situation? We are happy to help. Feel free to contact us via info@thelegalcompany.nl or call 020 345 0152.