The non-residential premises lease agreement
A non-residential premises lease agreement is important for a lessee, as it defines main terms of relations between the lessor and the lessee. The office lease agreement must take into account all aspects. Usually the lessor (especially if it is the office center) offers the option of signing a contract, which does not always protect the interests of the lessee and is not equal for both sides.
It is important to take into account the following key provisions in order to reduce the risks associated with the lease of the office:
1) The lessor must be the owner of the premises and show all documents that certify it. The following two points are most important:
– You need to check whether the lessor has the right to sublease premises if he does not own, but rents them, and in fact concludes the sublease agreement with you,. The lessor can do it without the owner’s consent only if this is clearly stated in the lease agreement. In all other cases the owner must give his written consent to conclude sublease agreement on non-residential premises.
– If the lessor leases only the part of the premises, it is desirable to add a floor plan to the lease agreement and specify exactly which premises are leased.
2) The procedure of compensation for improvements made by tenant, buildings reparation and removal of damaged premises after termination of the lease agreement shell be regulated in detail between the lessor and lessee.
3) The lessee should have access to the leased premises, his/her property, be entitled to take such property at any time and under any circumstances. This reduces the risk of lessor’s manipulation in this sphere.
4) Possibility to sublease a promise or its part should be prescribed if it is necessary. The lessee is entitled to sublease a property only with a lessor’s written consent in compliance with general provisions of civil law. It is recommended to get owner’s approval in the lease agreement in order not to obtain it in each case of sublease.
5) Both lessee and lessor should be warned about termination of the contract in advance. It is important if a company with many employees leases the office space, and can not find another premise at any time.
6) It is necessary to regulate in detail whether all utilities and maintenance costs shell paid by the lessee, and how their amount is determined.
7) The lease term usually starts after conclusion of Acceptance protocol. If the office with some damages is leased, it is necessary to specify it, add photos, description, etc.
8) The non-residential premises lease agreement which stipulates the lease term in thirty-six months or more requires notarization. In this case, information on the lease rights is supplemented into the register, and the parties pay additional costs for agreement notarization.
The lease agreement must regulate in detail the procedure of calculation, determination of the rent amount; consolidate the rights and obligations of the parties, order of premises use, liability and procedure of contract breach and other provisions.
To protect the interests of our clients, especially IT companies, Attorneys at law «Bachynskyy, Kolomiets and Partners» provides advice on real estate lease, the content of the lease agreement. Our lawyers support our clients at the conclusion of lease agreements and in negotiation.
To protect the rights of the lessee or lessor, we offer amendments to the contract, prepare a contract considering interests of which party we represent.
For advice or legal support in the case of non-residential premises lease (or apartment) please contact tel. 096-002-01-00 or use other contacts listed on our website.