Rights and Obligations After Subletting in Rotterdam

After successful subletting in Rotterdam, specific rights and obligations come into effect for the new tenant of the commercial space, often located in dynamic neighbourhoods such as Kop van Zuid or the Rotterdam Station Quarter. 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, taking into account local Rotterdam regulations regarding port-related properties or monumental buildings. The landlord must deliver the space vacant and document the transfer via a deed, ideally with a Rotterdam notary. The former tenant is released from obligations, unless otherwise agreed in an agreement that complies with the Municipal Ordinance on Commercial Space Rotterdam. Important obligations include timely rent payment, compliance with the zoning plan – such as the recent Rotterdam Environment Plan 2023 – and adequate maintenance to safeguard urban liveability. In case of violations, for example environmental standards in the port area, the landlord can immediately demand dissolution via the District Court of Rotterdam. New tenants must demonstrate solvency through annual accounts, bank guarantees or an accountant's statement, in line with the municipality's strict requirements. Disputes over transferred debts are settled via the Rent Tribunal or the district court in Rotterdam. Parties may make additional arrangements regarding inventory transfer, provided they do not conflict with the law or local APV regulations. This process ensures continuity of the enjoyment of the lease in the vibrant Rotterdam economy and minimises risks such as delays due to Municipal Works inspections. Advice: always consult a specialised Rotterdam notary or lease law attorney for formal documentation and alignment with urban developments.