The key clauses
The term of a commercial tenancy agreement determines how long the premises are secured and how flexibly the tenant can respond to changes. Extension options, notice periods and special rights of termination should therefore be aligned with business planning in advance. The same applies to the rent. Indexation clauses shift the inflation risk, but they must clearly specify when and to what extent an adjustment will take place.
A second key focus is on the ongoing property costs. Maintenance, repairs, operating costs and measures required by the authorities are often passed on in full to the tenants. It is worth making a clear distinction here between the let area, the communal areas and the building structure. Finally, protection against competition, restrictions on subletting and the right to admit affiliated companies or a new tenant ensure the property’s economic viability throughout the entire term of the lease.
