Commercial premises lease agreement template
Renting out an office, shop, warehouse or garage under the Slovak Non-Residential Premises Lease Act
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zmluva o nájme nebytových priestorov
- I. Zmluvné strany
- II. Predmet a účel nájmu
- III. Doba nájmu
- IV. Nájomné a úhrada za služby
- V. Práva a povinnosti strán
- VI. Skončenie nájmu
Leasing an office, shop, warehouse, garage or other non-residential premises is governed by Act No. 116/1990 Coll. on the lease and sublease of non-residential premises. Non-residential premises are a room or set of rooms which, under a building authority decision, are intended for purposes other than housing; the appurtenances of a flat and the common areas of a building are not non-residential premises. They may be leased only for the purpose for which they are intended under building law.
The agreement must be in writing and state the subject and purpose of the lease, the amount and due date of the rent, how it is paid and, for a fixed-term lease, the term for which it is concluded. An agreement without these particulars is invalid.
In all other respects the lease is governed by the Civil Code. Between businesses concluding the agreement in their business activity, the Commercial Code also applies, for example to late payment interest.
Who needs this document
- An owner of an office, shop or warehouse letting it to a company or sole trader
- A business renting premises for its shop, office or warehouse
- Letting a garage to a private individual
- A tenant who wants to know when a fixed-term lease can be terminated early
What the document must contain
- Identification of the premises: address of the building, number, floor and floor area
- The purpose of the lease, matching what the premises are intended for under building law
- The amount of rent, its due date and how it is paid
- The term of the lease, for a fixed-term lease the day until which it lasts
- Services connected with the lease and how they are paid: advances with an annual statement or a fixed charge
- The notice period, if it is to differ from the statutory three months
Legal basis
Act on the Lease and Sublease of Non-Residential Premises
Governs the required particulars of the agreement, the rights and obligations of landlord and tenant, subletting, rent reduction, grounds for terminating a fixed-term lease, the notice period and the return of the premises.
Civil Code
Applies to what the act on non-residential premises does not govern, for example alterations to the premises, reimbursement of repair costs, liability for damage to the premises, a change of owner and withdrawal from the agreement.
Commercial Code
Between businesses concluding the agreement in their business activity, it governs for example late payment interest and the flat-rate compensation for the costs of recovering a claim.
VAT Act
The lease of immovable property is generally exempt from VAT, the lease of parking spaces for vehicles is not. A VAT payer letting to a taxable person may opt to tax the lease.
Most common mistakes
A missing essential particular
An agreement that lacks the subject or purpose of the lease, the amount or due date of the rent, how it is paid or, for a fixed-term lease, its term, is invalid. The tenant then uses the premises without a valid agreement.
A purpose the premises are not intended for
Non-residential premises may be leased only for the purpose they are intended for under building law. A warehouse does not become a shop just because the parties write so in the agreement; for another purpose, the intended use of the premises must be changed first.
Terminating a fixed-term lease without a statutory ground
A lease agreed for a fixed term may be terminated before it expires only on the grounds the act lists, for example when the tenant is more than a month late with the rent or sublets without the landlord's consent. A lease for an indefinite term may be terminated without giving a reason, unless the parties agreed otherwise.
Subletting without consent
The tenant may sublet the premises or part of them only for a fixed term and only with the landlord's consent. Subletting without consent is a ground on which the landlord may terminate even a fixed-term lease.
A miscounted notice period
The notice period is three months unless the parties agreed otherwise, and it starts only on the first day of the month following delivery of the notice. A notice delivered on 5 March with a three-month period therefore ends the lease on 30 June.
Alterations without consent
The tenant may make building alterations and other changes only with the landlord's consent. Changes made without consent must be removed at the tenant's own cost when the lease ends. If the landlord consented to a change but did not undertake to pay for it, the tenant may claim after the lease ends only the amount by which the value of the premises increased.
Frequently asked questions
Must a commercial premises lease agreement be in writing?
Yes. The agreement must be in writing and state the subject and purpose of the lease, the amount and due date of the rent, how it is paid and, for a fixed-term lease, the term for which it is concluded. Otherwise it is invalid.
What is the notice period for a lease of non-residential premises?
Three months, unless the parties agreed otherwise. It runs from the first day of the month following delivery of the notice.
Can the tenant terminate a fixed-term lease before it ends?
Only on the grounds the act sets: if the tenant loses the ability to carry on the activity for which the premises were leased, if the premises become unfit for the agreed use through no fault of the tenant, or if the landlord seriously breaches their obligations. If the owner of the premises changes, the tenant may terminate even a fixed-term lease.
Is the tenant entitled to a rent reduction when the premises cannot be used properly?
If the tenant can use them only to a limited extent because the landlord does not meet their obligations, the tenant is entitled to a proportionate rent reduction. The tenant must report repairs the landlord is to carry out without undue delay.
Is VAT charged on rent for non-residential premises?
The lease of immovable property is generally exempt from VAT. One exception is the lease of premises and spaces for parking vehicles, including a garage. A VAT payer letting to a taxable person may opt to tax other leases as well.
Commercial premises lease agreement for your business
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