Lease of an apartment and of non-residential premises

A lease records the transfer of a property for temporary use for a fee. People also look for a residential tenancy: for housing the logic is the same — the property, the term, the rent, the deposit, utilities, and how to leave the deal. Separately, an apartment lease and a lease of non-residential premises are often needed.

Lease disputes are almost always about money and exit: the deposit was kept “for everything,” the rent was raised with no rules, or the tenant was removed without a material breach. So a lease should be read against a checklist, not skimmed.

What a lease must contain

• The parties and the basis for letting (ownership, a power of attorney, consent of co-owners)
• The property: address, area, purpose (residential / non-residential), and an inventory of contents
• The term, the amount of rent, indexation, and the method of payment
• The deposit: the amount, what it may be kept for, and when it is returned
• Utilities, internet, routine repairs, and major repairs
• Rules of living or use, sublease, and alterations
• Early termination, penalties, and venue
• A handover certificate

An apartment lease and a residential tenancy

For an apartment lease, the critical points are the deposit, utilities, guests, pets, and the terms of moving out early. The same frame helps you read a residential tenancy: the property must be described unambiguously, and the rent must not include a right to “change it at any time.”

A practical checklist is how to check an apartment lease. A general review for any property is how to check a lease.

A lease of non-residential premises

A lease of non-residential premises adds permitted use, alterations, signage, access, and often different indexation rules. If repair work runs in parallel, also look at the work contract.

• The purpose of the premises and the permitted activity
• Who approves replanning, signage, and advertising structures
• Access hours, security, parking, and waste removal
• The security payment and the conditions for setting it off against rent
• Return of the premises: in what condition, and with what notice

Indexation of rent

Rent indexation is the most disputed point in a long lease. The wording should answer four questions: how often the rent is reviewed, by how much, against which indicator, and how many days’ notice the tenant receives.

• No more than once a year — usual practice for a long term
• A cap on the increase: a fixed percentage or a link to an official index
• A notice period — so the increase is not a surprise
• The tenant’s right to terminate if they do not accept the new rent

Termination of a lease

Termination of a lease goes smoothly only when the exit procedure is described in advance. Check that the text includes grounds for early termination for each party, a notice period, what happens to the deposit, and rules for returning the property against a certificate.

• Early termination at the tenant’s initiative: notice period and penalty (if it is proportionate)
• Grounds for the owner: non-payment, damage to the property, sublease without consent
• Return of the security payment and set-off of the last month
• A return certificate with an inventory — without it, a dispute about the condition of the property is almost inevitable
• What happens to inseparable improvements after the tenant leaves

The handover certificate and a lease form

A lease handover certificate records the condition of the property, meter readings, and an inventory of contents on the date the keys are handed over — it is the main document in damage disputes. Instead of searching for a random apartment-lease form online, assemble the text for your situation: draft a lease online and download the draft, then check it before you sign.

Deposit, rent, and indexation

• Rent: the amount, the due date, and the period (which month it covers)
• Indexation: whether the landlord may raise the rent, and on what terms
• Deposit: the amount, the list of grounds for keeping it, and the return deadline
• What is included in the rent, and what is paid separately

Typical mistakes

• No certificate and no inventory — disputes about damaged furniture and the condition of the property
• The property is described vaguely (“an apartment at the address…” with no area or contents)
• Penalties for moving out early with no proportion
• Sublease and daily subletting are not expressly forbidden (if that matters)

For the tenant and for the owner

For the tenant, the critical points in a lease are: a deposit with return rules, utilities, the notice period for moving out, and a ban on a sudden rent increase. For the owner: preservation of the property, a ban on sublease or daily subletting (if needed), and clear grounds for early termination in case of a material breach.

Before the keys are handed over, sign a certificate with an inventory. Without it, an apartment lease or a residential tenancy almost guarantees a dispute about scratches, appliances, and the condition of the walls. If repairs are being done at the same time, record the zone of responsibility separately or through a work contract.

A short review order: the property and the basis for letting, then rent and deposit, then utilities and repairs, then rules of use, then exit from the deal. Then the general checklist or an online review of the file.

Draft or check a lease

No text — draft a lease online. A file from the owner or the tenant — check the lease or with AI. Edits arrived — compare the versions.

Common questions about a lease