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Non-residential lease agreement: what to check before signing

Indexation, repairs, the deposit, and unilateral exit — so the dispute does not start after move-in

A commercial lease more often “breaks” not on the floor area in the preamble, but on indexation, the security deposit, and the owner’s right to evict on 30 days’ notice. A general lease checklist is how to check a lease agreement; for an apartment there is a separate review of an apartment lease. Below is what to check specifically for non-residential premises before signing.

This is a guide, not legal advice. Registration of a long-term lease, permitted use, and sector rules need to be checked against current practice.

The landlord sent its own version — compare it with yours, or run the file for one-sided terms:

1. The premises and the handover certificate

  • Address, area, cadastral number / plan — match what you inspected
  • Permitted use and allowed types of activity
  • Certificate: condition, meters, keys, remarks (photos help)
  • Hidden defects: who is liable and the claim deadline

2. Rent, indexation, security deposit

Wording like “the landlord may revise the rate” with no formula is a classic trap. Safer to fix: the recalculation date, the index (CPI / a fixed %), a cap on the increase, who calculates, and from which date the new rate applies. Automatic indexation under a pre-agreed formula usually needs no addendum — but notice with the calculation is still worth providing for.

  • What is included in rent: utilities, operating charges, VAT
  • Security deposit: set-off, return, withholdings, return deadline
  • Late-payment penalties — symmetry with the landlord’s liability

3. Repairs and improvements

  • Who does routine and capital repairs
  • Approval of fit-out / signage / equipment
  • Fate of inseparable improvements on exit: compensation or “you leave them free of charge”

4. Termination and unilateral withdrawal

In a fixed-term lease you cannot always “just leave by letter”. If the owner wrote an out-of-court withdrawal “on 30 days’ notice” with no tenant fault — that hits investment in fit-out and location. Push for a closed list of grounds, a reasonable notice period, and compensation for unmotivated eviction. For a court claim under Article 619 of the Civil Code the landlord needs a written warning and time to cure the breach.

A 10-minute checklist

  • Premises and use match the business plan
  • Indexation has a formula and a cap, not “at discretion”
  • Deposit, utilities, and VAT are clear
  • Repairs and improvements are not left hanging
  • The owner’s unilateral exit is limited or compensated
  • There is a handover procedure on move-in and move-out

Related reading

Short conclusion

In a non-residential lease, money and location stability rest on indexation, the deposit, and exit terms. A “mall template” with no rate cap and a short owner withdrawal is almost always more expensive than an hour of reading the text.

Check a non-residential lease in DocumentCHEK

Upload the file — get a review of one-sided terms before signing. If a new version arrived, compare the two side by side.