IS THERE SUCH ATHING AS A STANDARD LEASE AGREEMENT?

IS THERE SUCH ATHING AS A STANDARD LEASE AGREEMENT?

There is no such thing as a standard (“or a one-size fits all”) lease agreement. Although most landlords will simply provide you with their standard lease agreements, it may not be fit for your business purpose and contrary to your intentions for concluding the lease. For example, if you are intending on renting a space for retail purposes, then you should ensure that the lease agreement does not restrict you to certain hours or to the types of retails.

It is of paramount importance to take into consideration the provisions pertaining to the pre-inspection of the premises, which will require you to keep the premises in the same good order and condition as existed at the commencement of the lease. The landlord should not for example demand that you repair the structural defects or even require you to place the leased premises in better overall condition than it was in at the commencement date of the lease agreement.

That is why it is a good idea when doing the pre-inspection to take pictures at the commencement of the lease as proof of the condition of the premises and maybe to prepare the signed minutes of the pre-inspection meeting. It is also an effective method to have proof of any faults that need to be repaired by the landlord or to dispute the landlord’s damages claim at the end of the lease period.

Again, we wish to emphasize that there is no such thing as a standard lease agreement and it is best to seek legal advice from Duvenage Attorneys before signing any lease agreement, so that you don’t have to try and contest the enforceability of certain provisions once the agreement has come into effect.