The Contract of Sublease Commercial is an arrangement whereby one side, sublessor, who has already rented a building, provides the other party, sub-tenant, the same building for the purposes of a business upon payment of an amount of money (fee).
In commercial subleases, the original lease agreement remains in effect. The original lessor must authorize the subletting of the property. The maximum duration of the sublease agreement can never exceed the duration of the original lease agreement.
When using a commercial sublease
The commercial sublease contract is used to sublease a property, or part of it, to carry out various types of activities: commercial (e.g. ice cream parlor, bar, etc.), for a company (e.g. industrial warehouse) or for professionals (e.g. e.g. office, archive, etc.). This contract can be used, for example, to sublease a clothing store to a trader or to sublease a part of a warehouse for industrial activities. If the leased property is used as a dwelling, the sublease agreement for residential use or the sublease agreement for guesthouse use for employees and collaborators must be used instead.
Furthermore, the subletting of a commercial property can be used in a business sale or a business lease. In this case, the authorization of the original landlord is not required to sublet the property. The tenant will only have to notify the landlord in writing of the sublease.
The commercial sublease contract cannot be used when additional services are also offered together with the use of the property (e.g. internet service, reception, cleaning, etc.). In this case, it will be necessary to use a contract for the use of spaces and services such as a cooking or office sharing contract. Furthermore, commercial subletting cannot be used to sublet a productive asset (for example a company or land), in this case, we speak of subletting.
What is contained in the model sublease contract for use other than residential use
Our commercial lease meets all legal requirements. The main clauses included concerns:
- Object: the description of the property with the cadastral identifiers
- Destination of the property: the precise description of the use for which the property is granted
- Portion of the subleased property: indicates which part of the property is subleased, or refers to the entire property
- Rent: indication of the amount to be paid for the use of the property (normally indicated in an annual amount with partial payment in advance installments)
- Duration: it will be possible to choose between a normal contract (whose minimum duration is 6 years or 9 in the case of hotel business) or a transitional contract for periods not exceeding 18 months. In any case, the sublease cannot exceed the duration of the original lease
- Furniture: if the property is furnished, it is possible to attach a list of all the furniture and furnishings included in the lease
- Withdrawal: the possibility for the sub-lessor to grant or not to the sub-tenant the right to terminate the contract before its natural expiry.
- Deposit or surety: the sub-lessor may ask the sub-tenant for a sum of money (deposit) or a surety to guarantee the obligations set out in the contract.
- Direct contacts with the public: the activity that must be carried out in the property may, by its nature, involve contact with an indistinct public of users and consumers (for example bars, retail shops, etc.)
- Insurance: the sub-lessor may ask the sub-tenant to take out an insurance policy to cover the risk of damage to the property
Furthermore, after the purchase, we will guide you step by step through all the subsequent formalities necessary for your commercial property sublease contract to be duly constituted and registered.
Information you need
The personal details of the sub-lessor and sub-tenant are required to complete the contract. It is also necessary to have the cadastral details of the property to be subleased and the details of the original lease (during the interview, the help will explain where to find the information you need).
The document can be modified free of charge in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Subletting shop
- Sublease 6 + 6 or 9 + 9
- Commercial property sublease
- Commercial lease with free or industrial rent
- Commercial lease with dry coupon
- Transitional commercial lease
- Contract for temporary shop
Other useful templates and facsimiles
- Residential Lease Agreement: to rent a house or apartment
- Rental Agreement for Forester Use: to rent a house or apartment for your employees, managers and collaborators
- Tourist or Vacation Rental Contract: to rent a house or apartment for holidays or tourism
- Contract for the Use of Spaces and Services: to share a space or an equipped office and offer functional and connected services
- Rent to Buy Agreement: to lease a property and offer the tenant the opportunity to purchase it
- Letter of Termination of the Lease Agreement: to terminate a lease agreement for a property in advance