Terug naar Encyclopedie

Rights and Obligations After Substitution in Utrecht

What are the rights and obligations after substitution in Utrecht? From contract takeover to maintenance obligations under local rules: everything about the legal position of the new tenant in the Domstad. (38 words)

2 min leestijd
After successful substitution of a commercial space in Utrecht, specific rights and obligations come into effect for the new tenant. 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. This also includes any guarantees, securities, and ongoing renovation obligations, often relevant for properties in the bustling city centre or along the Oudegracht. The landlord must deliver the space vacant and document the transfer via a deed, preferably with a notary in Utrecht. The former tenant is released from obligations, unless otherwise agreed. Important obligations include timely rent payment, compliance with the zoning plan – such as the Utrecht rules for inner-city activities – and regular maintenance in accordance with the local housing ordinance. In case of violations, for example in the Stationsgebied, the landlord can immediately demand dissolution via the sub-district court in Utrecht. New tenants must demonstrate solvency through financial statements or bank guarantees, taking into account the strict requirements of Utrecht landlords in growth areas such as Utrecht Science Park. Disputes over transferred debts are settled via the Rent Tribunal or the District Court of Midden-Nederland. Parties may make additional agreements regarding the transfer of fixtures and fittings, provided they do not conflict with the law or Utrecht environmental regulations. This process ensures continuity of the enjoyment of the lease in the dynamic Utrecht market and minimises risks. Advice: always consult a local notary or lawyer specialised in Utrecht real estate law for formal documentation. (248 words)