The Commercial Rental Agreement is a vital legal instrument used in Belgium for leasing business premises, regulated primarily by the Commercial Lease Act of 1951 and related legislation. This document is essential when a property owner (landlord) agrees to rent commercial space to a business tenant for professional, commercial, or industrial activities. It must comply with specific Belgian requirements, including a mandatory minimum term of nine years, strict provisions for rent reviews, and formal registration obligations. The agreement covers comprehensive aspects of the commercial tenancy, from basic rent and payment terms to detailed provisions about property use, maintenance obligations, and termination rights. It's particularly important that this document reflects both federal Belgian law and applicable regional regulations (Brussels, Flanders, or Wallonia), while also addressing specific commercial requirements of the property and business type involved.
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1. Parties: Identification of the landlord and tenant with full legal details
2. Background: Context of the agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased premises including address and cadastral details
5. Term and Renewal: Duration of lease (minimum 9 years under Belgian law) and renewal conditions
6. Rent and Payments: Rent amount, payment terms, indexation, and other charges
7. Security Deposit: Details of required security deposit or bank guarantee
8. Use of Property: Permitted use and any restrictions on business activities
9. Maintenance and Repairs: Responsibilities of both parties for maintenance and repairs
10. Insurance: Required insurance coverage for both parties
11. Utilities and Charges: Responsibility for utilities, common charges, and taxes
12. Assignment and Subletting: Conditions for transferring the lease or subletting
13. Termination: Grounds and procedures for early termination
14. Registration: Obligations regarding official registration of the lease
15. Governing Law: Confirmation of Belgian law application and jurisdiction
1. Fit-out Works: Details of any initial renovation or fit-out works, used when premises require modification
2. Environmental Provisions: Specific environmental obligations, used for properties requiring environmental permits
3. Trading Hours: Specific provisions regarding operating hours, used for retail premises
4. Service Charges: Detailed service charge provisions, used for properties in multi-tenant buildings
5. Signage Rights: Provisions for external signage and advertising, used for retail or visible commercial locations
6. Break Options: Additional termination rights, used when parties agree to early termination possibilities
7. Guarantors: Additional guarantor provisions, used when tenant provides personal or corporate guarantees
8. Change of Control: Provisions regarding change in tenant's ownership, used for corporate tenants
1. Floor Plans: Detailed plans showing the leased area
2. Inventory: Detailed inventory of fixtures, fittings, and condition report
3. Technical Specifications: Technical details of the property including installations and equipment
4. House Rules: Building regulations and guidelines for multi-tenant properties
5. Service Charge Budget: Breakdown of estimated service charges and allocation method
6. Energy Performance Certificate: Mandatory energy performance documentation
7. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
8. Fit-out Guidelines: Technical specifications for permitted alterations and improvements
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