The ROZ model lease: what exactly does it contain?

Why use a standard model?

The Raad voor Onroerende Zaken (ROZ) publishes model agreements that are widely accepted by landlords, tenants, lenders and judges. A standard model speeds up negotiations because the parties do not have to draft every provision from scratch.

The three main models

• Office space and other commercial premises within the meaning of Article 7:230a of the Dutch Civil Code.
• Retail space and other small business premises (Article 7:290 of the Dutch Civil Code), with additional tenant protection.
• Residential accommodation — not applicable to commercial property, but sometimes used by mistake for mixed-use premises.

Sections requiring particular attention

1. Indexation clause: which CPI series applies and on what date.
2. Allocation of maintenance responsibilities: what constitutes minor day-to-day maintenance for the tenant and what remains the landlord's responsibility.
3. Permitted use of the leased premises and the consequences of any other use.
4. Penalty clauses for late payment or breaches of the provisions.
5. Security deposit or bank guarantee and the conditions for its return.

The VAT option in the agreement

When letting commercial premises, the parties can opt for VAT on the letting, provided the tenant generates sufficient VAT-taxable turnover. Include this arrangement explicitly, together with the consequences if the conditions are no longer met.

Tailored terms in the special provisions

Departures from the standard model — such as a rent-free period, a fit-out contribution or a break option — belong in the special provisions. Always have non-standard provisions legally reviewed, particularly for long-term leases or high rents.