¿What is a contract
commercial lease ?
It is a document that regulates the relationship between the tenant and the owner of the premises, or landlord. During this process of renting a premises in Spain, the landlord undertakes to provide the tenant with the use of a property in exchange for a consideration.
The rent
In general, the rent of a commercial premises in Spain is paid monthly, in the first week of the month.
The landlord cannot require payment in advance of more than one month's rent. The amount, place and method of payment must be freely defined by the parties to the contract.
The rent review, increase or decrease, occurs annually for the first 5 years according to the CPI (inflation rate).
Unless otherwise agreed by the parties, the deposit will be equal to two months' rent. The deposit is reviewed, like the rent, after 5 years.
¿how to perform
a lease ?
- Identidad del propietario del local
- Identidad del inquilino
- Description of the premises
- Contract period
- Rent agreed by the parties
- established clauses
Requirements for
rent a business premises in Spain ?
The lease must be accompanied by:
- Activity license
- Energy Efficiency Certificate
- Business plan
Termination of the contract and sublease
When the object of a rental contract is the exercise of a commercial or professional activity on the premises, the lessee is free to assign or sublet the contract, it will not be necessary to obtain the prior consent of the lessor.
However, the tenant is obliged to inform the landlord in writing one month in advance and indicate the details of the person who is going to sublet the property. If not notified, the landlord could request annulment of the sublease before the court.
In the case of a partial sublet, the landlord can increase the rent by a maximum of 10%, or 20% in the case of a sublet or total assignment.
On the other hand, if within the conditions of the lease it is specified that subleasing activities are prohibited, the tenant will not be allowed to carry out this action under any circumstances.
The commercial lease can be tacit in the following cases:
Failure to pay the deposit or rent.
Not informing the owner in case of subletting.
Carrying out works without the consent of the owner. Intentional damage to facilities.
Carrying out illegal, harmful or unhealthy activities on the premises.
Breach of maintenance work by the tenant.