ILN Real Estate Specialty Group
August 2009
1
Questions:
1. Definition of commercial lease (what kind of premises are included)
2. Mandatory requirements related to the lease contracts (e.g. form, specific issues to
be concluded)
3. Review of common restrictions and obligations a tenant can expect to have
imposed
4. Whether and how the operating expenses of the property are passed to the tenant(s)
5. Provisions for the payment of rent including the review period, and increasing the
rent
6. Term of lease, conditions of termination
7. Sublease; assignment of a lease
8. Important tax issues (e.g. technical appreciation of the premises and deductibility
for tenants, etc.)
Jurisdictions:
1. Czech Republic (written by Peterka & Partners)
2. Belgium (written by Vanden Eynde Legal)
3. Greece (written by D. & F. Dimitriou & Associates)
4. Latvia (written by Loze, Grunte & Cers)
5. Singapore (written by Goodwins Law Corporation)
6. Spain (written by Brosa)
7. Sweden (written by Hellström)
8. Turkey (written by Ozcan & Natan)
9. Ukraine (written by Peterka & Partners)
10. USA (written by Wolf Block Schorr and Solis-Cohen LLP)
ILN Real Estate Specialty Group
August 2009
2
I. Czech Republic - PETERKA & PARTNERS
1) Definition of commercial lease (what kind of premises are included)
A commercial lease, i.e. a lease of non-residential premises for business activity, arise on
the basis of a written lease contract by which a landlord grants to a tenant certain non-
residential premises for using and a tenant pay to a landlord agreed rent and related charges.
Under Czech law, non-residential premises are:
a) a room or a complex of rooms that are, according to the decision of the building
office, used for purposes other than residence, in particular, premises for
manufacturing, trading, providing services, research, administrative activity, art and
educational activity, archives, garages, stockrooms and the parts of public spaces of
buildings
Appurtenances o