Registering a company on a rental property?

Questioner

My partner and I are about to rent a rental property. In the General Provisions (ROZ 2017) added to the rental contract, the following is stated in article 1.1: 1.1 The tenant shall - for the entire duration of the lease - actually, completely, continuously, properly and personally use the leased property exclusively in accordance with the purpose stated in the lease, which means, among other things, that the tenant may not use the leased property for commercial activities (including activities as referred to in Article 2.1 and 14.3 paragraph c). The tenant is obliged to pay the profit that he (estimated) has earned by acting in violation of this prohibition, without prejudice to the landlord's right to (additional) compensation. My partner is now worried about working from home, with the risk of having to pay that profit. This is a sole proprietorship, Services for the performing arts, and she will mainly work at a desk behind a laptop. The zoning plan does not say anything about this specific profession, but it does have the general rule of not using more than 30% of the home as a business. It simply concerns a computer and a desk. Is she allowed to work from home? Are we running a risk?

Lawyer

It is important to first look carefully at the clause in the contract. This states that it is not permitted to use the rented property for commercial activities. However, what is meant by 'commercial activities' will generally depend on the specific context and the interpretation of the landlord and possibly the judge. Aspects such as nuisance, visibility to third parties and competition with any other commercial tenants of the landlord may be taken into account. Working at a desk behind a laptop can in most cases be considered a normal residential activity, even if this is done in the context of a sole proprietorship. This activity will generally not cause any nuisance, is not visible to third parties and does not compete with any other tenants. Moreover, this is very common nowadays, especially with the current trend of flexible working and working from home. Therefore, it should be - in general terms - allowed. However, since the clause imposes a general prohibition on 'commercial activities' without specific exceptions, there is a small risk that the landlord may think differently. Therefore, it may be useful to discuss this with the landlord (or the management company) and possibly ask for specific permission. Also note that any receiving of clients or colleagues for business purposes may be considered a business activity. Finally, the rule of not using more than 30% of the home for business purposes, you can probably comply with without any problems. If it really only concerns a desk and a laptop, this further use is probably much smaller than 30% of the living area. Please note: This is only an orientation advice based on the information provided. It may be advisable to seek legal advice from a lawyer or attorney to confirm that this interpretation is correct. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.