Mandatory lease term and notice of termination of the lease of the commercial space
When leasing commercial space, lessees have a mandatory lease term of 5 + 5 years. The statutory notice period is 1 year and the notice must be given by registered letter or bailiff’s notification.
The parties can also agree on a trial period of 2 years. If not terminated, the lease tacitly becomes a lease for a period of 5 years, whereby the first 2 years are deducted from the first 5 years.
After the first 5 years, the lessor can only cancel on the grounds of poor management by the lessee or urgent personal use by the lessor. Urgent personal use also includes a renovation that is not possible without termination of the lease. The mere fact that a lessor wants to sell the commercial space does not qualify as a reason for personal use.
After the end of the second term of 5 years, the lessor may cancel on the grounds of poor management by the lessee or urgent personal use by the lessor. Termination is also possible on the grounds of a balancing of interests between the lessee and the lessor, a refusal to consent to a reasonable offer to enter into a new lease and because the lessor wishes to realise a designated use under a current zoning plan.
The lessee can always terminate the lease after each period of 5 years, of course subject to the notice period.
If a lessee does not agree in writing to the termination of the lease by the lessor within 6 weeks after notice of termination, the lessor must bring a claim for termination of the lease before the court in order to terminate the lease. The lease continues until the court has ruled irrevocably on the case.
The strict rules for termination only apply if one of the parties unilaterally wants to terminate the lease. Of course, the lessee and the lessor may decide in mutual consultation to terminate the lease by mutual agreement.