When signing a commercial lease, it's essential to understand its specific clauses and how they impact the responsibilities of both landlords and tenants. A well-drafted document ensures legal certainty, reduces risks, and optimizes... document management, strengthening the relationship between the parties.
What is a commercial lease agreement?
A commercial lease agreement is an essential legal instrument for formalizing the relationship between a property owner and a business owner or entrepreneur who intends to use the space for commercial purposes. This type of agreement details the specific terms of the lease, establishing the rights and obligations of the parties involved during the term.
By opting for this contract, both parties have the security of a legally binding agreement, which helps avoid future conflicts and protect their interests. Unlike a residential lease, a commercial lease has specific features and clauses that apply to the business environment.
In general, this type of contract includes information such as the identification of the contracting parties, a detailed description of the property being rented, the rental amount and payment terms, the duration of the contract, as well as responsibilities regarding expenses related to the maintenance of the property.
An important point to consider is that, in commercial contracts, the tenant is often allowed to make adaptations and improvements to the rented space to meet the specific needs of their business. However, such modifications must be agreed upon in advance, and in many cases, the tenant may be responsible for reversing the changes at the end of the lease.
Furthermore, it is essential that the commercial lease agreement be drafted with due care and clarity, in order to anticipate situations of early termination, rent adjustments, obligations of both parties regarding maintenance and repairs of the property, and other issues that may arise throughout the term of the agreement.
It is worth noting that, in Brazil, this type of contract is governed by the Tenancy Law (Law No. 8.245/91), and the parties must observe its provisions to ensure the legality and validity of the agreement.
What should a commercial lease agreement contain?
A complete and well-drafted contract is the basis for a healthy and transparent relationship between the property owner and the tenant.
Identification of the parties
First, it's essential to include the full identification of the contracting parties, including the details of the property owner and the tenant, as well as their legal representatives, if applicable. Furthermore, it's crucial to thoroughly describe the property being leased, including its full address, square footage, and specific features.
Rental value
Another important point to consider in the contract is the rental amount, payment method, and monthly due date. Furthermore, it's important to specify the index that will be used to adjust the rent over time to avoid potential future discrepancies. This is just as important as drafting a digital contract, which also provides clear adjustments to avoid conflicts.
Contractual term
The contract's term should also be clearly detailed. Commercial leases typically have longer terms than residential leases, as establishing a business often requires a period of stability and adaptation. However, it's essential that both parties negotiate and define the term that best meets their needs.
Contract responsibilities
Within the contract, it's important to include clauses that address specific responsibilities, such as maintenance expenses and necessary repairs to the property. These clauses should clearly clarify each party's responsibility in these matters, avoiding future disputes. This same principle applies when dealing with digital documents, which require clarity in defining roles and access.
Changes allowed in the space
In commercial contracts, the tenant is typically authorized to make adaptations and improvements to the rented space to meet the needs of their business. Therefore, it's important to include clauses that define what types of changes are permitted, as well as the tenant's responsibilities regarding the reversal of these modifications upon termination of the contract.
Termination clauses
It is essential to address the possibility of early termination of the contract and the penalties or fines applicable in the event of non-compliance with the established clauses. These clauses help ensure the legal security of the agreement and prevent potential defaults. For greater protection, the use of electronic signature as a way to authenticate the contract in a practical and legal way.
Signature of all parties
Finally, it is recommended that the commercial lease agreement be signed by all parties involved and two witnesses to make it official and demonstrate the knowledge and agreement of all involved. Today, modern tools allow put digital signature in PDF, making the process more agile and safe.
What is the term of a commercial contract?
The minimum and maximum term of a commercial contract may vary depending on several factors, such as the nature of the business, the availability of the property and the needs of the parties involved.
Regarding the minimum term, there is no specific legal requirement, which allows for some flexibility in defining it. However, commercial contracts typically have a minimum term of 12 months, ensuring greater stability for both the tenant and the landlord.
This period is considered adequate for the entrepreneur to establish his business in the location, invest in improvements and obtain a return on his initial investments.
On the other hand, the maximum term of a commercial contract is established by law. According to the Tenancy Law (Law No. 8.245/91), commercial leases have a maximum term of 10 years.
However, it is important to highlight that, in some specific cases, such as when the property has special characteristics that require large investments to adapt the business, it is permitted for the contract to be signed for a period longer than the legal limit.
Furthermore, it's important to note that, even with a maximum term of 10 years, the parties may choose to enter into a commercial lease agreement with a shorter term. This may occur when there is uncertainty regarding the business's development, when the tenant needs greater flexibility to relocate, or when there is an interest in renewing the lease terms within a shorter period.
It's worth noting that, unlike residential leases, commercial leases aren't automatically renewed at the end of the stipulated term. To renew the lease, both parties must agree and express their intention through a contract addendum. At this point, using a digital signature platform facilitates the management and renewal of documents.
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CEO of Henshin Agency and digital marketing consultant, fascinated by content marketing and an admirer of Japanese culture.
