A commercial lease is standardly made for nine years. However, as a tenant, you can always terminate your commercial lease early at the expiry of each three-year period.
However, one condition must be observed to be able to give early notice. The termination must take place at least six months before the expiry of the three-year period, by registered letter or bailiff's writ.
This termination option applies to commercial leases of nine years as well as to longer contracts (e.g. commercial lease of 27 years). Even if you are in a period of lease renewal, you can terminate before the expiry of each three-year period. A different termination regime applies to commercial leases of indefinite duration.
The tenant's termination options are determined by law, and will always take precedence over any contractual restrictions!
For example: if your commercial lease would state that the tenant can only terminate the contract after four years, or cannot terminate at all, this provision is invalid (=non-binding). You can pretend that this provision does not exist. Similarly, if the contract were to state that the tenant would be liable to pay compensation on termination, this provision is also invalid. Aggravations of the tenant's right of termination are also always invalid.
Terminate commercial lease after 1 year?
Less strict provisions, for the tenant, on the other hand, are valid. If the commercial lease provides that you can terminate after one year, this provision is valid. Reduction of the notice period (e.g. to three months), the possibility to terminate the commercial lease at any time, or a clause stating that termination can be done by ordinary (non-registered) letter, are also all valid provisions.
The intention of the Commercial Lease Law is to protect the tenant. After all, the tenant must be given the option, depending on changed (economic) circumstances, to terminate the commercial lease. Only he, i.e. the tenant, can invoke this protection.
Formalities for terminating the commercial lease
Attention: if, as a tenant, you use the legal early termination option, you must ensure that you strictly comply with the formalities!
On pain of nullity, the tenant must serve the notice of termination by registered letter or bailiff's writ, within the period stipulated by law. If you do not do this, the notice will be null and void and the contract will continue. The landlord can indeed invoke this nullity! If the notice was not sent by registered mail, you can of course send a second, registered notice if you are not yet within six months before the expiry of the three-year period.
Last but not least, if you have several landlords, be sure to send the termination letter to each of them. If you fail to do so, the termination will also be invalid! There is no need to give reasons for the termination. After all, you are simply exercising your mandatory right under the Commercial Lease Law.
Also make sure the termination letter is signed!