Title 5

Pacht is the agreement whereby one party, the verpachter (lessor), undertakes to provide the other party, the pachter (lessee), with the use of an…

Agriculture shall be understood to mean, in each case insofar as it is carried out on a commercial basis: arable farming; grassland farming; animal…

A farm (hoeve) is a complex consisting of one or more buildings or parts thereof and the land appurtenant thereto, serving the practice of…

In this Title, a foster child means anyone who has been maintained and raised on a permanent basis as an own child.

Articles 29 and 34 of Book 5 apply to the extent of the leased property situated along a body of water, unless the lessor is bound by a determination…

The right of the lessee to the fruits of the leased property is a right of enjoyment as referred to in Article 17 of Book 5.

The lease agreement, the agreement to amend and the agreement to terminate a lease agreement must be entered into in writing.

The lease agreement, the agreement to amend and the agreement to terminate a lease agreement require the approval of the agricultural tenancy board…

The ground chamber shall approve the lease agreement, unless:

If the Agricultural Tenancy Board (grondkamer) withholds its approval of the lease agreement or of the agreement to amend or terminate a lease…

Each of the parties is obliged to submit the lease agreement (pachtovereenkomst) or the agreement to amend a lease agreement to the agricultural…

Where the provisions of Article 321, paragraph 1, have not been complied with, the lessor may not, as long as the lease agreement (pachtovereenkomst)…

Parties are bound to an agreement to amend or – insofar as it has not already been factually executed – to an agreement to terminate a lease…

Those who intend to enter into a lease agreement (pachtovereenkomst) or an agreement to amend a lease agreement with one another are authorised to…

The lease agreement shall apply for a fixed period. This period shall be twelve years for a farm (hoeve) and six years for separate parcels of land…

At each time prior to the expiry of a lease term, the lessee or the lessor may petition the grondkamer to revise the provisions of the lease…

By or pursuant to an order in council, rules shall be established regarding the maximum permissible lease price.

As consideration, only a lease price (pachtprijs) with or without additional obligations may be stipulated.

It may be stipulated that the charges which have been or will be imposed on the lessor as a result of land development (landinrichting) pursuant to…

The lessee is entitled to a reduction of the rent for a lease year or a lease season during which, as a result of extraordinary circumstances, the…

The lessor is entitled to an increase of the rent over a lease year or a lease season, during which the burdens imposed on the lessor by public law…

The lessor is entitled to an increase of the rent for a lease year or for a lease season, if he has carried out extraordinary works at his own…

The lease price shall be revised by operation of law in accordance with the amendment of the rules issued pursuant to Article 327, paragraph 1. The…

On the basis of Article 258 of Book 6, no modification of the counter-performance or of the compensation may be claimed.

The lessor is obliged to make the leased property available to the lessee and to leave it at the lessee's disposal insofar as this is necessary for…

The lessor has the obligations described in this section with respect to defects in the leased property.

The rights of the lessee arising from this section shall accrue to him, without prejudice to all other rights and claims.

The lessor is obliged to remedy defects at the request of the lessee, unless this is impossible or requires expenditures that, in the given…

In the event of a reduction in the enjoyment of the lease (pachtgenot) as a result of a defect, the lessee may claim a proportionate reduction of the…

Without prejudice to the consequences of non-performance of the obligation under Article 339, the lessor is obliged to provide compensation for…

Article 341 may not be deviated from to the detriment of the lessee, insofar as it concerns defects which the lessor knew or ought to have known at…

If a defect which the lessor is not obliged to remedy pursuant to Article 339 renders the enjoyment that the lessee could expect entirely impossible…

When a claim is brought against the lessee by a third party for eviction or for the granting of a right with which the leased property should not…

The lessor is obliged to rebuild buildings destroyed by fire or storm, insofar as the rebuilding is necessary for the conduct of the business on the…

The lessee is obliged to satisfy the consideration in the agreed manner and at the agreed times.

The lessee is obliged to conduct himself as a good lessee with regard to the use of the leased property.

The lessee is not authorised to change the destination, layout or appearance of the leased property, in whole or in part, other than with the written…

The lessee is authorised, until the evacuation, to undo changes and additions made by him, provided that the leased property is thereby brought into…

Upon the termination of the lease, the lessor is obliged to provide the lessee with a compensation, to be determined in accordance with the…

The lessee is obliged to carry out small repairs at his own expense, unless these have become necessary due to a failure of the lessor to comply with…

The lessee is liable for damage to the leased property that has arisen due to a failure to perform an obligation under the lease agreement…

The lessee is liable to the lessor for the conduct of those who use the leased property with his consent or who are present thereon with his consent…

If, during the lease, urgent works must be carried out on the leased property or if the lessor must permit an act for the benefit of a neighboring…

The lessee is not authorised to sublease except with the written consent of the lessor.

If the lessee discovers defects in the leased property or if third parties disturb his enjoyment or claim any right to the leased property, he must…

If the lessor intends to proceed with the leasing or renting out of the leased property after the expiry of the current lease, or with the sale of…

The lessee is obliged to place the leased property at the disposal of the lessor in good condition upon the end of the lease.

If, after the end of the lease, the lessee unlawfully retains possession of the leased property, the lessor may claim, for the period that he is…

The outgoing and incoming lessees are obliged to accommodate one another reciprocally with everything required to facilitate the taking of possession…

Transfer of the property to which the lease agreement relates and the creation or transfer of an independent right of usufruct, emphyteusis…

In the event of the creation or transfer of a limited right to the leased property, which is not included under Article 361 paragraph 1, the person…

The lessee may apply to the court with a claim to substitute him as lessee with his spouse (echtgenoot) or registered partner (geregistreerd…

The tenant may apply to the court with a claim to designate his spouse (echtgenoot) or registered partner (geregistreerd partnerschap), one or more…

The co-lessee (medepachter), who is not or is no longer personally involved in the exploitation of the leased property, may apply to the court with a…

The death of the lessee or the lessor does not terminate the lease.

The agreement may be terminated by either of the parties towards the end of each term referred to in Article 325.

A notice of termination by the lessor is void if it does not state the grounds that led to the termination.

If the lessee, within six weeks after the notice of termination, notifies the lessor by writ or registered letter that he opposes the termination…

The court may only grant the petition on the ground that:

In the case referred to in Article 370, paragraph 1, under (d), the court may grant the lessee a period of at most one month to nonetheless accept…

If the court grants the claim, it shall also determine the time of the eviction. The granting of the claim shall serve as an order for eviction by…

If the agreement has been terminated on the grounds referred to in Article 370, paragraph 1, under (b) or (e), and the lessee has consented to the…

The court may, either upon the petition of one of the parties or ex officio on the grounds of equity, grant the claim only in respect of a portion of…

(repealed)

Dissolution of the agricultural lease agreement on the ground that the lessee has failed in the performance of his obligations may only be effected…

If the lessor intends to designate the leased property or a part thereof for purposes not related to agriculture, and such designation is in…

The lessor who intends to proceed with the alienation of the leased property or a part thereof is obliged to offer the lessee, under a lease…

If no agreement is reached on the price, the lessor may petition the ground chamber (grondkamer) to appraise the market value of the leased property…

The obligation referred to in Article 378, paragraph 1, does not exist:

The obligation referred to in Article 378, paragraph 1, furthermore does not exist insofar as a function other than an agricultural function has been…

The lessor is obliged, before proceeding to a public sale of the leased property, except in the case of a sale in execution, to give notice thereof…

If the lessor has acted in violation of Article 378 paragraph 1, 378 paragraph 5 or 379 paragraph 3, the successor to the leased property under…

The lessee who has exercised his right of first refusal and, within a period of ten years after such acquisition, alienates the acquired property in…

If the State, a province, a municipality, a body possessing legal personality as referred to in the Joint Arrangements Act (Wet gemeenschappelijke…

The Grondkamer shall exclusively investigate whether the destination may reasonably necessitate the clause. It shall not enter into an assessment of…

In the event that the lease agreement is not extended on the basis of the clause referred to in Article 385 under (b), the lessee shall have no right…

In this paragraph, "reserve" (reservaat) shall be understood to mean an area where the ownership or the long-term lease (erfpacht) of agricultural…

In a lease agreement (pachtovereenkomst) relating to a farmstead or separate land located in a reserve, one or more obligations may be included which…

If Article 389 has been applied, the lease agreement for both a farmstead and for separate land shall, in derogation to that extent from the…

If Article 389 has been applied, the lease agreement shall, in deviation from Article 325, be extended by six years each time.

The ground chamber shall revise the provisions of the lease agreement referred to in the first paragraph of Article 326, if this is desirable with a…

The compensation stipulated pursuant to Article 389, paragraph 2, under (c), shall not be classified as a lease price.

The lessee or the lessor may petition the ground chamber (grondkamer) to revise the compensation referred to in Article 389, paragraph 2, under (c).

Articles 313 paragraph 2, 317–329, 332, 333, 348 paragraphs 2–4, 350, 363, 364 and 366–384 shall not apply to lease agreements concerning separate…

Articles 313 paragraph 2, 318–325, 327, 328, 332, 333, 363, 364, 366–374 and 378–384 shall not apply to lease agreements (pachtovereenkomsten)…

The provisions of Articles 313 paragraph 2, 319 paragraph 1 under a, c and d, 325, 327, 328, 332, 333, 363 up to and including 374, 378 up to and…

An agreement as referred to in Articles 396 and 397 shall not terminate by operation of law upon the death of the lessor or of the lessee.

From the provisions of Articles 311 up to and including 314, 317 up to and including 332, 335, 345, 347, 348, 350, 352 paragraph 3, 353, 354…

Any clause in a lease agreement (pachtovereenkomst) shall be void to the extent that it provides that the financial burdens which have been or will…

If a lease agreement has been entered into under the condition that the agreement shall be approved by the agricultural tenancy board (grondkamer) in…

A clause in which a lessor, in the event that the Agricultural Tenancies Board (grondkamer) or the Central Agricultural Tenancies Board (Centrale…

The provisions concerning agricultural tenancy (pacht) shall apply mutatis mutandis to agreements by which or pursuant to which, in exchange for a…

The appointment or the continued appointment of a farm manager (zetboer) requires the prior approval of the Agricultural Tenancy Board (grondkamer).