Office lease agreement
One of the main issues for business is the choice of office space for doing business. More often, due to the lack of financial ability to purchase their own premises, entrepreneurs rent offices.
Before you take (or provide) property for rent, you should thoroughly study the basic requirements for a lease agreement - a document that fixes the main rights and obligations of the parties - the landlord and the tenant.
Not every tenant, when signing a lease, properly understands its position and how they will act in the future. The inability to model situations, unwillingness to seek help from lawyers or ordinary legal ignorance leads to significant economic losses.
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If it is necessary to draw up an individual office lease agreement, we recommend using the Consultant legal services service to order a turnkey document.
We draw attention to the essential terms of the office lease agreement
The essential terms of the contract are provided for by current legislation:
identifying information about the office;
term of the contract;
the amount of the rent.
At the choice of the parties, the rent may be paid in money or things. It must be monthly, unless other conditions are specified in the contract.
If at least one of the parties is an individual, and not an entrepreneur: the contract may not specify the term, then the contract will be valid until one of the parties declares its termination (one month before termination).
If both parties are individuals - entrepreneurs and / or legal entities, then the agreement must also indicate:
office (warehouse and cost of the office, taking into account its indexation);
the term for which the lease agreement is concluded;
rent, taking into account its indexation;
the procedure for using depreciation charges;
restoration of the rented office and conditions for its return or redemption.
The structure of the agreement is quite simple. However, the practice of lawyers is very often filled with support for the conclusion of such agreements. Indeed, it is not so easy to deal with all the provisions and legislative norms on your own.
Features of the office lease agreement
Some landlords take a different path and give their tenants the right to terminate contracts unilaterally, but upon payment of a fine in the amount determined by the contract.
As a rule, the amount of such a penalty varies within the monthly rent. There are even more inventive landlords who, in addition to the penalty, also hold the guarantee payment paid by the tenant at the conclusion of the contract.
The application of such sanctions to the tenant veiledly resembles the acquisition of the right to unilaterally terminate the contract, but is such a requirement of the landlord legal?
The Civil and Economic Code of Ukraine stipulates that a fine is a sum of money paid by one party to the other if the violating party has not fulfilled or improperly fulfilled (violated) the terms of the contract agreed by the parties. This implies a logical conclusion that the penalty is applied for violation of the terms of the contract and cannot be applied for the exercise by the party of its right, including to terminate the contract.
Therefore, if it is necessary to analyze the lease agreement for non-residential premises or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Office lease template
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Buying an office space rental agreement template just got a whole lot easier! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.