Can one of the most popular civil law relationships, i.e. lease, still have any "secrets"? Is a person even aware that even by not concluding a contract in its most traditional written form, but only by making an oral agreement with another person, he or she is almost entering the realm of civil law?
In business, negotiations are the fundamental way of concluding more significant commercial agreements. In protracted negotiations of less important and essential clauses of an agreement, subsequent versions and amendments are sent back and forth. We present 9 extremely effective ways and techniques for conducting negotiations quickly, which you can apply even if you are not a lawyer or a professional business negotiator. …
Renting an apartment or commercial property might seem like a simple task, but for its legal effectiveness, it requires a legally binding, reliable rental agreement. Often, templates downloaded from the internet hide pitfalls or even invalid clauses. We present a short guide on why and how to prepare to create a professional agreement with the help of a lawyer. 💡 Key takeaways Even half of the provisions contained in…
How to hire a lawyer to prepare a lease agreement? Read More »
Opening a shop or service point in a shopping centre presents a great opportunity for success, but also a huge financial risk. This decision means higher rents, additional operational fees, and entering into a legal relationship with a powerful corporate landlord. Based on our many years of experience, we offer advice on how to sensibly rent a space in a shopping centre and what to watch out for when negotiating the contract. …
A sharp rise in energy and gas prices can turn a previously profitable business in a rented premises into one making drastic losses overnight. What to do when a long-term contract binds you to the landlord, and utility costs exceed the limits of profitability? We explain how the clause of extraordinary change of circumstances (rebus sic stantibus) allows for a reduction in rent or a complete termination of a toxic...
The Polish Order in 2022 has introduced many changes and it seems that there will be even more confusion in tax regulations. The new regulations also affect the real estate rental sector - owners of rented commercial premises should be careful, as the tax on commercial premises has also undergone some modifications. So let's see what to pay attention to and what surprised the legislator.
Since the beginning of the SARS-CoV-2 virus pandemic, we have been accompanied by: uncertainty about the health of our own and our loved ones, constant fear about jobs, as well as financial losses that are directly related to numerous restrictions on running a business. This article analyzes the legal situation of the catering and retail industries, which - due to the fact that they rent premises in shopping malls subject to trade bans - are currently in a particularly difficult economic situation.
It's hard to find a person who hasn't dealt with a contract at all in their life. We commonly conclude contracts such as: employment contracts, loan contracts, contracts for the purchase of a house/apartment or a car, apartment or house rental contracts, contracts for the provision of telecommunications services, construction works, contracts for specific work or commission. Therefore, it seems that the concept of a contract has already become firmly established in our consciousness. However, one may wonder whether there is an equal awareness of the consequences arising from such an agreement. Unfortunately, still few people know how to influence its content (even before its conclusion) and protect their own interests as effectively as possible.
There are only 5 days left to withdraw from the offer to extend the lease agreement for the last three lockdowns! The deadline is 6 August 2021. Shopping centre tenants, if you have submitted an offer under Article 15ze of the COVID Act for any of the last three lockdowns, you can avoid the legal consequences regarding the extension of the lease period, without losing the exemption...
The regulations of the so-called COVID Act significantly interfere with civil law relations. Article 15ze of the Act, which concerned the termination of relationships arising from agreements for the use of retail space in commercial facilities with a sales area exceeding 2,000 m², had significant consequences for tenants of shopping centres. Many tenants took advantage of this mechanism, leading to...
Closing stores caused huge financial losses for many entrepreneurs. Tenants of premises in shopping centers are feeling the effects of the current pandemic very severely. Empty facilities only generated expenses because they did not sell, and maintaining them while waiting for a return to business is a significant cost. Tenants of premises in shopping centers had to face a ban on their operations last spring, then the lockdown lasted from November 7 to November 28. From December 28, 2020, the government tightened the regulations on the operation of shopping malls. Until January 31, 2021, there was a ban on retail trade in commercial or service facilities, including retail parks, with a sales or service area exceeding 2,000 m2. The situation was supposed to be improved by the solutions of the Anti-Crisis Shield 2.0, which provided for the possibility of exempting mall tenants from the obligation to pay rent during the closure, but a very important condition had to be met, namely the extension of the contract. After closing the stores, the obligation for the tenant to submit an unconditional and binding offer to extend the lease agreement was updated.
Many clients come to us with what is probably the most difficult dilemma for tenants of premises in shopping centres in our country in recent days: is it worth submitting declarations extending lease agreements based on Art. 15ze of the special act? 💡 Key conclusions Extending the lease based on Art. 15ze provides certainty of exemption from rent for the period…
Is it worth submitting declarations extending lease agreements based on Art. 15z? Read More »
Many landlords believe that simply including a hefty "contractual penalty" for each day of rent arrears in the agreement is sufficient to protect themselves against an unreliable tenant. Meanwhile, in civil law, the rules for applying contractual penalties are based on the nature of the performance (monetary or non-monetary). Therefore, can a contractual penalty be effectively stipulated in the case of non-payment of monetary rent? 💡 …
Contractual penalty for failure to pay rent under the lease agreement? Read More »
Every Landlord who plans to rent out their commercial property should consider well in advance which tax settlement method they intend to adopt. Every scenario should be taken into account, as well as the exact intended use of the property for state authorities. As a Law Firm specialising in rental matters, we provide this short guide. 💡 Key takeaways In the case of rentals, the division is key…
Commercial premises rental tax – what is worth knowing? Read More »
We often hear encouraging comments that landlords understand the situation of tenants, agreeing to renegotiate lease terms and even terminate contracts by mutual consent. Such cooperation is undoubtedly the most desirable situation. Sometimes, however, some people need to be convinced to sit down at the table, showing that both sides have very strong legal arguments in this dispute.
Many beginners, as well as prominent investors, stumble over the complex, pompous "legalese" written on many pages directly into commercial property agreements. What should be kept in mind in practice when entering into a serious pact and a long-term lease for office or service space? In a short glossary, we present the first steps that a lawyer looks at most rigorously during the commercial property lease process. 💡 Most importantly…
Commercial premises lease agreement – everything you need to know Read More »
We often hear encouraging comments that landlords understand the situation of tenants, agreeing to renegotiate lease terms and even terminate contracts by mutual consent. Such cooperation is undoubtedly the most desirable situation. Sometimes, however, some people need to be convinced to sit down at the table, showing that both sides have very strong legal arguments in this dispute.
The subject of the opinion is the assessment of the admissibility of terminating or terminating the lease agreement for commercial premises (commercial or service premises) located in the Shopping Center due to the epidemic caused by COVID-19 and, consequently, difficulties in conducting business activities.