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Substitution

Another typical dispute in leases of business premises is substitution. If the lessee no longer wishes to continue his business or shop and wishes to transfer it to a third party, this third party can, with the cooperation of the lessor, continue the current lease (so-called substitution). If the landlord does not want to cooperate, the tenant can ask the court, by means of a writ of summons, to issue a substitute authorisation to substitute this third party. However, this request will only be granted if the tenant has a compelling interest in transferring the business and the party taking over the lease provides sufficient guarantees for compliance with the lease.

We act for both (professional) landlords and (private) tenants.

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