Commercial Lease Analysis Spreadsheet – The owner can, however, be exempt from the obligation to pay and resign at the time of signing the contract, in the event that the lessee would not have the possibility of claim. The law allows for a pact between the parties whenever there is no sea contrary to the law, morality or public order.
Requirements that are met to collect compensation for customers
You must not have waived the compensation expressly in the contract.
The tenant must have carried out a commercial activity of sale to the public during the last five years.
The termination of the lease must be due to the fulfillment of the agreed term and not for other reasons, such as nonpayment of rent or voluntary withdrawal of the contract by the lessee, although this has been more than five years that develops a Sales activity to the public
The tenant must have communicated four months before the termination of his will to renew the contract for at least five years and for a market rent agreed by the parties or, failing that, determined by the arbitrator appointed by the parties.
If these conditions are given and the owner communicates his desire not to extend the tenant’s contract to be entitled to compensation.
This indemnification only applies to leases of properties without object to the dwelling that develop a activity of sale to the public, reason why the premises used like warehouses or offices are excluded.
How to determine the amount of compensation?
If the lessee starts the same commercial activity in another place of the municipality within the 6 months following the end of the contract, the indemnification contemplated the expenses derived from the transfer and the damages caused by the loss of clientele with respect to the previous situation. The calculation is made with respect to the first 6 months of the new activity.
If the tenant does not start another activity or starts a different activity in a period of 6 months and the owner or a third party has a related activity in the premises in the same period, the compensation will be a monthly payment for the year of the Contract Up to a maximum of 18 monthly payments. The Urban Leases Act seeks to compensate for the use that the lessee or a third party could have over the clientele that the previous tenant had gained in that place during their commercial activity.