Renting a Workspace, Not a Home
An office lease (huurovereenkomst voor kantoorruimte) is a specific type of commercial lease for a space intended to be used for administrative, professional, or other office-based business activities. Like all commercial leases, it is a contract designed for business use, not for residential living. The property being leased is legally designated as an office and does not meet the requirements for a dwelling. The tenant in this relationship is typically a company or a self-employed professional (ZZP'er), not a private individual seeking a home. The legal framework governing office leases is fundamentally different from residential law and is designed to facilitate commercial transactions, not to protect a person's right to housing.
Freedom of Contract and Lack of Protection
Office leases fall under the most liberal category of Dutch rental law, known as 'other commercial space' (overige bedrijfsruimte). The guiding principle here is freedom of contract (contractsvrijheid). This means that almost all the terms of the tenancy—including the rent price, the duration of the lease, the frequency of rent increases, and the conditions for termination—are determined by what the landlord and tenant negotiate and write down in the lease agreement. Unlike residential leases, there are very few mandatory laws to protect the tenant. For example, there is no points system for rent, no maximum rent increase, and the landlord can terminate the agreement at the end of the fixed term with relative ease. The tenant's rights are almost entirely defined by the contract they sign, making careful negotiation and legal review essential for the business tenant.
The Inappropriateness for Living
It is both illegal and impractical to live in a space rented under an office lease. Legally, it violates municipal zoning laws (bestemmingsplan). Practically, an office building is not designed for 24/7 habitation. It may lack proper shower facilities, a functional kitchen, or adequate sound insulation between units. The heating and ventilation systems may be shut down outside of business hours. Furthermore, the lease agreement itself will contain clauses that make residential use a clear breach of contract, which would be grounds for immediate eviction and potential financial penalties.
