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
- Warehouse and pickup-point lease for marketplaces
- Unilateral withdrawal in a services contract
- Hidden clauses in a contract
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.