Rights and Obligations After Substitution in Tilburg
What are the rights and obligations after substitution in Tilburg? From contract takeover to maintenance obligations under the Dutch Civil Code and local rules: everything about the legal position of the new tenant. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
After successful substitution of a commercial space in Tilburg, 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, for example in properties in the vibrant centre of Tilburg or along the Spoorzone. The landlord must deliver the space vacant and document the transfer via a deed, ideally with a notary in Tilburg. The former tenant is released from obligations, unless otherwise agreed. Important obligations include timely rent payment, compliance with the zoning plan of the municipality of Tilburg – such as for shops in the Heuvelstraat or offices in the Loven – and regular maintenance in accordance with NEN 2767 standards. In case of violations, such as breaching local catering permits, the landlord may demand immediate dissolution via the subdistrict court in Breda. New tenants must demonstrate solvency via annual accounts or bank guarantees, taking into account Tilburg's requirements for starters in the Entrepreneurs Climate Fund. Disputes over transferred debts are settled via the Rent Tribunal or the District Court of East Brabant. Parties may make additional agreements regarding inventory transfer, provided they do not conflict with the law or municipal regulations. This process ensures continuity of the enjoyment of the lease in Tilburg's dynamic real estate market and minimises risks. Advice: always consult a notary in Tilburg for formal documentation and check the current rules with the municipality.