Publication date: 03.04.2025
My name is Anna Leus, and I am a lawyer with 20 years of experience in providing legal services to businesses. I specialize in tax, commercial, and corporate law, as well as in matters related to business organization and management, the preparation of CFC reports, and family disputes. I work with both businesses and individuals. Personal slogan: There are no unsolvable cases.
Input Data: The client is a Ukrainian company planning to expand its operations in Poland. For this, the company needs to rent commercial real estate to organize an office and a warehouse for storing goods. The client approached a lawyer because they needed legal support to sign the lease agreement, check the legal status of the property, and receive additional consultations regarding the requirements of Polish legislation in the field of commercial real estate leasing.
Case Issues: The main problem for the client was properly drafting the lease agreement, taking into account all the legal nuances of Polish legislation. It was necessary to check whether the property meets the requirements for conducting business, whether it can be modified if necessary (for example, renovated or re-planned), and what lease conditions might be favorable for the client's business. Additionally, it was important to consider possible tax obligations and legal consequences of breaching the terms of the agreement.
Actions of the Defense Party- Analysis of the Legal Status of the Property: The lawyer conducted a comprehensive analysis of the property, including checking its legal status in the property registries, as well as verifying the permits for conducting commercial activities in the specific location. The ownership history and any encumbrances that could restrict the use of the property for business purposes were also checked.
- Preparation and Negotiations with the Landlord: After reviewing the property documentation, the lawyer, together with the client's representatives, negotiated with the landlord about the terms of the lease agreement. Key issues included the lease term, rent amount, the possibility of renegotiating the lease conditions, and the process for performing repairs. The lawyer also focused on terms related to possible sanctions in case of breach of contract.
- Drafting the Lease Agreement: After agreeing on the main terms, the lawyer drafted the lease agreement, including all critical conditions: the rights and obligations of the tenant and the landlord, lease term, rent amount and payment procedure, property return conditions at the end of the lease term, and responsibilities for breaching the agreement.
- Consultations Regarding Tax Obligations: The lawyer also provided consultations regarding the tax obligations arising from leasing commercial real estate in Poland. This included issues related to VAT on rent payments, contract registration with Polish authorities, and obtaining necessary licenses or permits for conducting commercial activities.
- Legal Support for Signing the Agreement: After finalizing the terms and concluding negotiations, the lawyer supported the process of signing the lease agreement, ensuring compliance with all legal standards and Polish legislation. They also reviewed the property handover act, an essential step in ensuring the legal status of the lease relationship.
Outcome:
After signing the commercial real estate lease agreement, the client's company was able to smoothly conduct its operations in Poland. Thanks to professional legal support, all legal and tax aspects were considered in time, avoiding potential risks and issues with the landlord in the future. The client also gained a clear understanding of their rights and obligations under the lease agreement.
Role of the Lawyer:
The lawyer played a crucial role in all stages of the lease process, from checking the legal status of the property to finalizing the agreement and advising the client on tax obligations. Their professionalism and experience allowed the client to lease the necessary commercial property and organize operations in Poland without issues.
Legal Aspects of Leasing Commercial Real Estate in Poland:
- Tax Obligations: Businesses leasing commercial real estate in Poland must consider tax obligations, including VAT and property tax. Typically, the tenant is responsible for paying VAT on the rent unless stated otherwise in the lease agreement.
- Legislative Requirements: The landlord is obligated to provide the tenant with property that meets all requirements for conducting commercial activities. If there are technical defects or discrepancies with building standards, the tenant has the right to request compensation or correction of the defects.
- Lease Term: The standard lease term for commercial real estate in Poland ranges from 3 to 10 years, allowing tenants to secure business stability and plan long-term operations.
Properly organizing the lease of commercial real estate in Poland requires attention to detail and consideration of all legal aspects that may affect the business's future operations. Professional legal assistance helps avoid legal issues and ensures a stable and effective lease.
