Publication date: 26.11.2024
Protecting the rights of a commercial real estate tenant in Poland: a complete guide for Ukrainian entrepreneurs
Moving a business to Poland opens up new opportunities, but also creates certain risks, especially when renting commercial premises. Consulting a lawyer at the initial stage will help to avoid many problems in the future. An experienced lawyer in Poland will conduct a legal analysis of documents and protect your interests.
Key aspects of a commercial real estate lease agreement
Before signing a lease agreement, it is necessary to conduct a thorough legal analysis of documents. An online lawyer can help you understand all the nuances of Polish law and ensure legal protection of your interests.
Main points that require special attention:
- The term of the contract and the terms of its extension
- The amount of rent and the procedure for its indexation
- Distribution of utility bills
- Conditions of repair works
- Possibility of early termination of the contract
- Liability of the parties for violation of the terms
A legal analysis of a situation will help you avoid risks and ensure the stable operation of your business.
Common mistakes when concluding a lease agreement
Legal analysis shows that many entrepreneurs make serious mistakes due to the lack of written advice from a specialist. A lawyer in Warsaw will help you avoid these risks.
Common mistakes made by tenants:
- Signing a contract without having the documents checked by a lawyer
- Unclear definition of the area of the premises
- Lack of conditions on the possibility of subletting
- Unresolved issues of repairs and improvements
- Lack of clear conditions for termination of the agreement
Question
What are the risks of entering into a lease agreement without consulting a lawyer?
Answer
When you independently conclude a commercial real estate lease agreement without a legal opinion of a lawyer, there is a high risk of including unfavorable terms and conditions that may lead to additional costs, restrictions on the right to use the premises, or even forced eviction. A legal opinion from a lawyer will help protect your interests and avoid financial losses.
Protection of tenant rights in court
If a conflict situation arises, a legal analysis of a situation and professional advice from a lawyer become necessary. An online lawyer can conduct an initial analysis of documents and provide recommendations for further action.
Stages of protecting the tenant's rights:
Collection of necessary documents
Conducting legal analysis
Pre-trial settlement of the dispute
Preparation of a statement of claim
Representation of interests in court
Enforcement of the court decision
Preventive measures of protection
A legal opinion of a specialist at the stage of concluding a contract will help to avoid future problems. Legal advice and legal analysis of documents is an investment in the security of your business.
Peculiarities of the lease agreement registration procedure
A legal opinion of a lawyer is important not only when concluding a contract, but also when registering it. A lawyer in Poland will help you to properly prepare all the necessary documents and conduct a legal analysis of the requirements of Polish law.
Documents required for registration:
- Notarized lease agreement
- Technical passport of the premises
- Documents confirming the right of ownership
- Permits for commercial activities
- Tax documents
Professional legal advice will help to avoid delays and refusals to register the contract.
Tax aspects of commercial real estate lease
Legal analysis of a situation and legal advice will help you optimize your tax burden and avoid fines. Legal analysis of documents should take into account the peculiarities of taxation for non-residents.
Question
What are the tax risks of renting commercial real estate in Poland?
Answer
There are various tax liabilities when renting commercial real estate in Poland, including VAT, real estate tax and income tax. A legal opinion from a lawyer and verification of documents by a lawyer by a lawyer will help to structure the transaction correctly and minimize tax risks, avoid double taxation and use available tax benefits.
Insurance of the rented premises
A lawyer in Warsaw recommends that you include insurance clauses in the lease agreement. An online lawyer can conduct a legal analysis of the insurance policy and provide written advice on the required coverage.
Types of insurance coverage:
- Third party liability insurance
- Insurance against fire and flood
- Tenant's property insurance
- Insurance against business interruption
- Insurance of construction and installation risks
Dispute resolution with the landlord
A legal analysis of a situation and a legal opinion of a lawyer are especially important in the event of conflicts. An experienced online lawyer will help you find the best solution and protect your interests.
Typical causes of disputes:
Increase in rent
Refusal to carry out repairs
Restriction of access to the premises
Violation of the terms of use of the facility
Early termination of the contract
Refund of the security deposit
Modernization and redevelopment of the leased premises
Any changes to the leased premises require legal analysis of documents and approval by the landlord. Legal advice will help you to obtain the right permits and protect your investment in the renovation.
Question
How can I protect my investment in the repair of the leased premises?
Answer
To protect your investment in the repair of leased premises, you need to obtain a legal opinion from a lawyer and clearly state the terms of compensation for the costs of improvements in the agreement. A legal analysis of a situation will help determine the best way to formalize the repair work and the mechanism for reimbursement of the invested funds in case of early termination of the lease.
Sublease peculiarities
Before entering into a sublease agreement, it is necessary to conduct a legal analysis of the main lease agreement and obtain legal advice. A lawyer in Poland will help you avoid risks and properly structure your relations with subtenants.
Important aspects of sublease:
- Availability of permission from the owner
- Harmonization of conditions with the main contract
- Distribution of responsibility
- Term of the sublease agreement
- Financial terms and guarantees
Leasing commercial real estate in Poland requires a serious approach and legal support. If you do not seek the help of a specialist, you risk losing significant funds and time to resolve conflicts. Marketplace CONSULTANT provides access to qualified lawyers specializing in Polish law. Seeking professional help will save you money, time, and nerves. An experienced lawyer will conduct a legal analysis of documents, provide written advice and ensure reliable protection of your interests.
