Key findings: do not hesitate to negotiate the terms of the lease. Many aspects of the treaty, in particular the length of the duration, are negotiable. If your rental term is 7 years or more and is granted on or after June 19, 2006, you will most likely need a lease agreement with mandatory clauses. LawDepot`s Commercial Lease automatically comes with the clauses prescribed for leases with a term of 7 years or more. Under the 2002 Basic Law, leases with a term of seven years or more must now be registered. Since more leases are registered, the Cadastre wants all long-term leases to have mandatory clauses in order to strengthen standardization and make the registration process more efficient. The new regime provides for the introduction of 14 mandatory clauses and mandatory titles at the beginning of each legible rental agreement. The clauses imposed are intended to make leases easier to use. Important points are now highlighted at the beginning of the rental agreement, which ensures that users do not need to search the entire document to understand the main problems contained in the rental agreement. Triple net leasing is the most common form of commercial leasing. They can be used for retail, warehousing and industrial goods. The tenant is responsible for all operating costs of the building (including repairs and maintenance) in a triple net lease agreement.
Early termination of a commercial lease can be a risky exercise for a lessor, given that courts can often grant the tenant an exemption from expiration clauses and even award damages to the tenant if the lease was terminated without sufficient reason. Your commercial lease should contain conditions for early termination and indicate whether the lease automatically renews and how and when the tenant should inform you if they intend to terminate the lease. If the prescribed clauses are granted between a trigger for the first registration of the reversion and his application, no title number(s) is required. The same applies to a lease agreement using the prescribed clauses that are filed as part of an initial application for authorisation. . . .