The lease agreement was terminated too late, but not too late

In most commercial lease agreements, the parties agree on a notice period. If a tenant wishes to terminate the lease, it is advisable to clearly note the deadline for termination. If the tenant fails to terminate the lease in accordance with the agreement, they are generally too late. However, the 's-Hertogenbosch Court of Appeal ruled earlier this year that the landlord's interest in having sufficient time to find a new tenant is not, or only slightly, harmed if the deadline for termination is exceeded only minimally.

The note by Marlies van Schoonhoven-Sloot in the Journal for Commercial Tenancy Law addresses the aspects that may play a role in a (too) late termination by the tenant of a commercial property. Click here for the full note.