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Lease Assignment Agreement

Lease Assignment Agreement Template for Netherlands

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Key Requirements PROMPT example:

Lease Assignment Agreement

"I need a Lease Assignment Agreement under Dutch law for transferring a retail store lease in Amsterdam from my company to a new tenant, with the assignment to take effect from March 1, 2025."

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Document background
The Lease Assignment Agreement is essential when a tenant wishes to transfer their lease obligations to another party under Dutch law. This document is typically used in commercial real estate transactions but can also apply to residential properties where permitted by law. It ensures a legally compliant transfer of lease rights and obligations while protecting all parties' interests. The agreement must comply with the Dutch Civil Code (Burgerlijk Wetboek) requirements, particularly regarding property transfers and contract assignments. It includes detailed provisions about the property, payment arrangements, security deposits, and handover procedures. The document becomes necessary when businesses reorganize, relocate, or when tenants need to exit their lease obligations early while ensuring continuity of the lease terms for the landlord.
Suggested Sections

1. Parties: Identifies the current tenant (Assignor), new tenant (Assignee), and Landlord

2. Background: Explains the existing lease arrangement and the intention to assign the lease

3. Definitions: Defines key terms used throughout the agreement, including 'Lease', 'Assignment Date', and 'Property'

4. Assignment: Core clause transferring the lease from Assignor to Assignee

5. Effective Date: Specifies when the assignment takes effect

6. Landlord's Consent: Confirms the Landlord's consent to the assignment as required by Dutch law

7. Assignor's Obligations: Details the Assignor's commitments, including payment of any outstanding amounts

8. Assignee's Obligations: Sets out the Assignee's commitments to comply with lease terms and any additional obligations

9. Handover Arrangements: Specifies the practical arrangements for transferring possession

10. Representations and Warranties: Standard confirmations from all parties about their capacity and authority

11. Costs: Allocation of costs related to the assignment

12. Notices: How formal communications between parties should be made

13. Governing Law and Jurisdiction: Confirms Dutch law applies and jurisdiction of Dutch courts

Optional Sections

1. Bank Guarantee/Security Deposit: Required if there's a transfer or replacement of existing security arrangements

2. Guarantee by Parent Company: Include when the Assignee's parent company provides additional security

3. Outstanding Works: Include if there are ongoing maintenance or improvement works to be addressed

4. Break Rights: Include if any special break rights are being transferred or modified

5. VAT Election: Include if the property is subject to VAT opted lease arrangements

6. Environmental Matters: Include for properties with specific environmental concerns or obligations

7. Service Charge Reconciliation: Include if there needs to be a settlement of service charges between Assignor and Assignee

Suggested Schedules

1. The Property: Detailed description of the leased property, including any plans

2. The Lease: Copy or details of the original lease and any variations

3. Rent and Payment Details: Current rent, payment dates, and any review dates

4. Inventory: List of any fixtures, fittings or equipment included in the assignment

5. Condition Report: Current condition of the property at assignment

6. Outstanding Matters: List of any ongoing obligations, disputes, or unresolved issues

7. Landlord's Consent Document: Formal consent document from the Landlord

8. Handover Protocol: Detailed procedures for the physical handover of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Retail

Office Space

Industrial & Warehousing

Hospitality

Healthcare

Education

Manufacturing

Logistics

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Risk Management

Property Management

Corporate Services

Administration

Relevant Roles

Legal Counsel

Real Estate Manager

Property Manager

Facilities Manager

Operations Director

Commercial Director

Chief Financial Officer

Business Development Manager

Asset Manager

Lease Administrator

Corporate Real Estate Manager

Compliance Officer

Risk Manager

General Counsel

Company Secretary

Industries
Dutch Civil Code Book 7, Title 4 (Articles 7:201-7:231): Contains the primary legal framework for lease agreements, including definitions, rights and obligations of lessors and lessees, and general lease provisions
Dutch Civil Code Book 6 (Contract Law): General provisions on contract law applicable to assignments, including requirements for valid contracts, principles of reasonableness and fairness, and contract formation
Dutch Civil Code Book 3, Title 4 (Articles 3:83-3:98): Provisions regarding the transfer of rights and obligations, relevant for the assignment of lease rights
Housing Act (Huisvestingswet): If the lease concerns residential property, this act contains relevant provisions regarding housing regulations and permissions
Dutch Business Rent Legislation (Huurrecht Bedrijfsruimte): If the lease concerns commercial property, specific provisions regarding business premises must be considered
General Data Protection Regulation (GDPR): Relevant for handling personal data in the assignment process and documentation
Dutch Civil Code Book 7, Articles 7:307-7:310: Specific provisions regarding the assignment of lease agreements and the requirement of landlord's consent
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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