Consultation

Commercial retail leases

Retail leasing. Fit-out. Extension vs. an option to extend. Bank guarantee vs. security deposit. Agreement on a future lease agreement. Lease agreement. Heads of Terms. MUICP indexation. Fixed and variable rent components. Lease term. Termination of the lease. Contractual penalties. Handover of premises. Core and shell. As-is condition. Common area charges. Marketing fee. - key terms of every lease relationship between a future landlord (landlord) and a future tenant (tenant) when establishing the mutual operating conditions for the commercial leasing of retail premises in shopping centres, office premises in business centres and mixed-use developments.

The leasing of retail and premises in business centres is currently a common part of entrepreneurs’ business lives. Whether it concerns the leasing of office premises in office buildings, retail premises in shopping centres, or storage and non-residential premises for other uses, clients of the SKYLEX Law Firm always receive first-class legal advice in the area of commercial real estate leasing.
 
Our clients include private individuals, entrepreneurs who use retail premises for their B2C businesses, as well as owners of such premises. We also provide legal services to professional real estate agencies and specialists in retail and office leasing. By combining our expertise in the areas of real estate, construction & development and  M&A advisory, and our more than 15 years of experience in the retail and office leasing, we are able to provide efficient and professional advice to premises owners, professionals involved in contracting premises, as well as private clients and entrepreneurs, at the highest level of quality.
Our many years of experience in providing legal services in the sale and leasing of office premises in business centres and retail premises in multinational and regional shopping centres, as well as in the leasing of land, halls and warehouses, rank us among the leading legal advisers for legal services related to the commercial sale and leasing of real estate. We combine experience in this segment with our work in the Real Estate and Construction, enabling us to fully cover legal service requirements related to the construction of such premises (buildings and projects), as well as our excellent knowledge of M&A advisory, which we apply particularly in legal due diligence, the sale and purchase of business and office centres, and the entry of investors.
 
We comprehensively handle the sale and purchase of office premises / buildings and retail premises / buildings, provide legal advice on their financing and on their continued operation within the owner’s corporate structure.
 
In landlord–tenant relationships, we cover the entire legal agenda, from legal support for professional real estate brokers and the preparation of Heads of Terms, through the preparation and negotiation of draft contractual documentation (in particular, an agreement on a future lease agreement and a lease agreement), as well as drafting special provisions required for a specific relationship, analysis of legal opinions and parent company guarantees, contributions, extensions and liability relationships. We also handle disputes with tenants, provide legal assistance with the removal and completion of fit-out works, and matters related to the termination of leases (handover and acceptance of premises), including early termination.

How can we help you?

When providing comprehensive legal services in the area of commercial retail leasing, our lawyers draw on their extensive knowledge and advisory experience in this segment. Since 2011, JUDr. Skýpalová has provided legal services for a large number of retail and office projects, particularly in connection with the leasing of premises in shopping centres and various mixed-use developments, on both the landlord’s and tenant’s side, in multinational as well as regional centres. 
 
Our lawyers have represented developers and owners of retail premises, warehouses and other non-residential premises in establishing relationships with future users. We also provide legal advice to future tenants of retail and office premises, land, halls and warehouses. Our extensive experience in the area of M&A advisory a real estate, construction and development  enables us to provide comprehensive legal services for the leasing and sale of retail and other commercial premises, both for owners and for future tenants and buyers. 

In the field of commercial retail leasing law, we focus primarily on:

  • comprehensive legal advice to owners of business centres, mixed-use developments, as well as standalone retail and other non-residential and storage premises (warehouses, halls, land, mixed-use developments, retail premises)
  • comprehensive legal advice to future tenants and tenants of premises in business centres and mixed-use developments, as well as standalone retail and other non-residential and storage premises
  • legal advice and negotiation of legal documentation from the initial stage of negotiations—Heads of Terms, preparation of agreements on future lease agreements and lease agreements, as well as their amendment, extension and termination
  • structuring relationships between the future landlord and future tenant, particularly regarding the performance of fit-out works, liability aspects of their mutual relationship, adjustment of the bank guarantee, parent company guarantee, security deposit, deadlines and time limits, adjustment of penalty mechanisms and termination of the mutual relationship, contributions, and compliance with internal global regulations
  • comprehensive legal advice on the sale of retail projects and premises and the exit of existing owners, or the purchase of retail premises and entry of a new owner or investor (including the tax and legal structuring of the deal; see also M&A advisory)
  • comprehensive legal advice on the sale of office projects and premises and the exit of existing owners, or the purchase of office premises and entry of a new owner or investor (including the tax and legal structuring of the deal; see also M&A advisory)
  • resolution of disputes with tenants and termination of lease relationships
  • legal due diligence of real estate (in leasing matters, primarily to verify ownership of the leased building)
  • preparation of legal documentation and negotiation of terms with service subcontractors for the centre, including companies providing professional services for finding tenants for retail premises, warehouses, halls and land

What our clients say

We have been working with SKYLEX, specifically with Zuzana, since the very beginning of establishing her law firm. As a construction company, we primarily needed to work with a lawyer who understands life on a construction site, the pitfalls of working with investors and subcontractors, understands construction calculations and compliance with deadlines, and can draft anything we agree on with investors (our customers). I highly recommend her.

CEO of a construction company

Thank you for the fair proposal and your approach to us as a client.

CEO of a company owning a building in the centre of Bratislava

Selected reference transactions

  • advice to developers on leasing and selling non-residential premises in mixed-use buildings
  • legal advice to real estate agencies on contracting retail premises with future tenants or future owners
  • legal advice to construction companies on the implementation of fit-out works in retail premises in shopping centres
  • legal advice to several companies acting as future tenants in negotiating terms and amending contractual documentation (agreement on a future lease agreement, lease agreement)
  • legal advice to landlords of non-residential premises intended for commercial use
  • legal advice on terminating lease relationships for retail premises, on both the tenant’s and landlord’s side
M&A advisory (mergers and acquisitions)

Online consultation

  • how to set the terms of an agreement on a future agreement and a lease agreement for retail premises in a shopping centre
  • how to set the terms of an agreement on a future agreement and a lease agreement for office premises in a business centre
  • what a contribution is, fit-out of premises, extension of the lease term vs. an option to extend
  • how a guarantee and bank deposit work
  • what common area charges and a marketing fee are
  • what turnover rent is
  • how to terminate a lease relationship early
  • what a logo design manual is and how it is positioned on the shopfront
  • how to sell a building without losing its tenants
  • how to buy a building while retaining the tenant base
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WESTEND GATE, Dúbravská cesta 14, 841 04 Bratislava, Slovakia

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SKYLEX, s. r. o., advokátska kancelária (Law Firm) 

Registered office: Ota Holúska 4, 841 06 Bratislava, Slovakia
ID No. (IČO): 56 300 816  
VAT Tax No. (IČ DPH): SK2122268148
 
Registered in: Commercial register of City Court Bratislava III, Section: Sro, File No.: 178886/B

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