Difference in Security Deposit for Land Lease vs. Commercial Space in Rotterdam
Differences in security deposits for land lease vs. commercial space rental specifically for Rotterdam entrepreneurs. Discover local nuances, statutory maxima, and procedures around the port and Maasstad.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, the security deposit for land lease differs significantly from that for commercial spaces, especially in dynamic areas such as the port or Merwe-Vierhavens. For land lease of parking spaces, storage yards, or logistics plots, no statutory maximum applies, such as the triple rent for shops in Rotterdam's city centre (Article 7:220 BW). Land lease falls under general lease rules with emphasis on reasonableness and fairness, fitting the large-scale Rotterdam real estate market. Commercial spaces in neighbourhoods such as Delfshaven or Kralingen often require higher security deposits due to fit-out costs for warehouses or offices, with strict administrative requirements. For withholding on land security, it concerns soil contamination from port activities or surface damage; for commercial spaces, it involves renovation costs after lease termination. Repayment period is one month for both, but Rotterdam commercial lessors must provide annual accounts. Land lessees in the Maasstad have less protection than shopkeepers on the Lijnbaan, who can enforce indexation. Practical example: in a mixed contract for port land plus shed, the rules apply per component. Disputes over security deposits in Rotterdam's commercial context go to the subdistrict court at the Rechtbank Rotterdam, with mediation options via Vastgoed Belang or local industry associations such as Havenbedrijf Rotterdam. Advice for entrepreneurs: make distinctions in contracts explicit, with reference to Rotterdam zoning plans. Lessees: demand transparency on maintenance funds; lessors: document inspections thoroughly. This prevents costly proceedings before the Rotterdam court. (248 words)