If a company goes bankrupt, this has major consequences for current contracts, including the lease agreement for the business premises. But what exactly happens to the rent if the tenant goes bankrupt? And what rights and obligations do the landlord, curator and any subtenants have?
The tenancy law lawyers of Arslan Advocaten explain what the rules are and how you can protect yourself in the event of bankruptcy.
Bankruptcy of the tenant
When a tenant goes bankrupt, a curator is appointed who takes over the management of the company.
Rights and obligations of the curator
The curator may terminate the rental agreement with a notice period of up to 3 months, regardless of what is stated in the rental contract (Article 39 of the Bankruptcy Act).
The rent must be maintained until the moment of termination. continued to be paid.
Overdue rent from before the bankruptcy declaration applies as a unsecured claim - the landlord falls behind the creditors.
Consequences for the landlord
The landlord cannot simply terminate the lease due to bankruptcy, unless this has been properly arranged contractually and accepted by the court.
The landlord often only receives part of the overdue rent back.
Bankruptcy of the landlord
The bankruptcy of the landlord also has consequences:
The trustee can try to sell the property.
Current rental agreements remain in force: the tenant retains rental protection.
The buyer of the property must respect the existing rental agreement.
Subletting and bankruptcy
In the event of bankruptcy of the main tenant:
The subtenant is depending on the main tenant.
If the curator terminates the main lease, the subletting.
Subtenants can sometimes claim damages, but are not allowed to do so. often weak.
Practical examples
Restaurant in Amsterdam: the tenant went bankrupt. The curator terminated the lease within 3 months, allowing the landlord to quickly rent the property to another party.
Shopping center in Utrecht: the landlord went bankrupt. The retailer was allowed to stay put, because the lease agreement was taken over by the buyer of the building.
Subtenant in Rotterdam:Lost his business premises when the main tenant went bankrupt. The subtenant had no independent right to stay.
Checklist in case of bankruptcy and rent
📑 Check whether your rental contract contains provisions about bankruptcy.
📅 Please note the notice period of a maximum of 3 months by the curator.
💶 Know that overdue rent is usually only partly paid refunded.
🏠 As a landlord: be alert in the event of bankruptcy of the tenant and claim your rights directly from the curator.
⚖️ Consult a lawyer for a strategy for restarting or new rental.
Frequently asked questions (FAQ)
1. Can a curator simply terminate the lease?
Yes, the curator may always terminate the lease with a maximum of 3 months' notice.
2. As a landlord, do I get my overdue rent back?
Often only partly, because this is an unsecured claim in the bankruptcy.
3. Can I remain as a tenant if my landlord goes bankrupt?
Yes, current rental agreements remain valid. The new owner must respect this.
4. What happens to subletting if the main tenant goes bankrupt?
Usually the subletting ends automatically, unless special agreements have been made.
Conclusion
Bankruptcy has major consequences for rental agreements. In the event of bankruptcy of the tenant, the curator can always terminate the lease within 3 months. However, in the event of bankruptcy of the landlord, the tenant retains rental protection. Subtenants are often at additional risk.
The rental law lawyers from Arslan Advocaten advise and litigate in disputes surrounding bankruptcy and rental agreements, for both landlords and tenants.