Option To Lease Agreement Template for Belgium

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Key Requirements PROMPT example:

Option To Lease Agreement

"I need an Option to Lease Agreement under Belgian law for a retail space in Brussels, giving my company the exclusive right to lease the property for 6 months starting January 2025, with the option fee to be credited against the first month's rent if we proceed with the lease."

Document background
The Option To Lease Agreement is a crucial document in Belgian commercial real estate transactions, providing a structured framework for parties to secure their future leasing arrangements while maintaining flexibility. This document is typically used when a potential tenant requires time to conduct due diligence, secure financing, or fulfill other conditions before committing to a full lease agreement, while ensuring the property owner cannot lease the space to another party during the option period. The agreement must comply with Belgian civil law and commercial lease regulations, particularly the Commercial Lease Act of 1951. It includes detailed provisions about the option period, exercise mechanisms, financial terms, and the fundamental elements of the subsequent lease agreement. The document serves as a preliminary step to a full lease commitment, offering protection to both parties during the interim period.
Suggested Sections

1. Parties: Identification of the option grantor (property owner) and option holder (potential tenant), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including property details and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Option: Express grant of the option to lease and its basic terms

5. Option Period: Duration of the option period and any conditions for extension

6. Option Exercise: Process and formalities for exercising the option

7. Option Fee: Amount, payment terms, and status of the option fee (whether refundable or applicable to rent)

8. Lease Terms: Key terms of the lease that will come into effect upon exercise of the option

9. Property Description: Detailed description of the property subject to the option

10. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised

11. Registration: Requirements and responsibilities for registering the option with relevant authorities

12. Representations and Warranties: Standard representations and warranties from both parties

13. Termination: Circumstances under which the option agreement may be terminated

14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

15. Signatures: Execution block for all parties

Optional Sections

1. Due Diligence: Terms regarding the potential tenant's right to conduct property investigations, used when specific due diligence rights are granted during the option period

2. Property Access: Terms governing access to the property during the option period, included when inspection or measurement rights are granted

3. Assignment: Terms regarding the ability to assign the option rights, included when assignment is permitted

4. Break Options: Terms regarding early termination rights in the underlying lease, included when break options are part of the deal

5. Works and Alterations: Terms regarding any permitted works during the option period or conditions for future alterations, included when relevant to the property

6. VAT Election: Specific provisions regarding VAT treatment, included when the property is subject to VAT

7. Environmental Provisions: Specific environmental warranties and obligations, included for industrial or potentially contaminated properties

Suggested Schedules

1. Property Plan: Detailed plans and drawings of the property

2. Form of Lease: The full form of lease agreement to be entered into upon exercise of the option

3. Condition Report: Current condition of the property and any existing defects

4. Payment Schedule: Detailed breakdown of option fee, rent, and other payments

5. Permitted Use: Detailed description of permitted use of the property

6. Title Documents: Copies of relevant title documents and property registrations

7. Service Charges: Detailed breakdown of service charges and maintenance obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Retail

Hospitality

Manufacturing

Logistics

Professional Services

Healthcare

Technology

Financial Services

Education

Entertainment

Industrial

Warehouse & Distribution

Food & Beverage

Relevant Teams

Real Estate

Legal

Finance

Operations

Facilities Management

Business Development

Risk & Compliance

Corporate Development

Property Management

Asset Management

Relevant Roles

Real Estate Manager

Property Manager

Commercial Director

Legal Counsel

Chief Financial Officer

Facilities Manager

Business Development Manager

Operations Director

Real Estate Investment Manager

Asset Manager

Expansion Manager

Store Development Manager

Corporate Real Estate Manager

Leasing Manager

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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