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5 Year Commercial Lease Agreement for Malta

5 Year Commercial Lease Agreement Template for Malta

A comprehensive commercial lease agreement governed by Maltese law, designed for a fixed five-year term. This document establishes the legal framework for commercial property letting in Malta, incorporating provisions compliant with the Commercial Tenancies (Reform) Act and Civil Code of Malta. The agreement covers all essential aspects of a commercial tenancy, including rent provisions, maintenance obligations, permitted use, insurance requirements, and statutory compliance, while reflecting specific requirements of Maltese commercial property law and EU regulations applicable in Malta.

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What is a 5 Year Commercial Lease Agreement?

This 5 Year Commercial Lease Agreement template is designed for use in Malta when establishing medium-term commercial tenancies. It complies with Maltese commercial property law, particularly the Commercial Tenancies (Reform) Act and relevant provisions of the Civil Code. The document is suitable for various commercial properties, from office spaces to retail units, and includes comprehensive provisions for rent, maintenance, insurance, and statutory compliance. It incorporates specific Maltese legal requirements while accounting for EU regulations applicable to commercial properties in Malta. The agreement is structured to protect both landlord and tenant interests, providing clear terms for property use, maintenance responsibilities, and dispute resolution within the Maltese legal framework.

What sections should be included in a 5 Year Commercial Lease Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers for companies, and registered addresses

2. Background: Context of the agreement, brief description of the property, and purpose of the lease

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Term', 'Rent', 'Permitted Use', etc.

4. Demise: The formal grant of the lease, specifying the property being leased and the term

5. Rent and Other Payments: Details of rent amount, payment terms, review mechanisms, and other financial obligations

6. Tenant Covenants: The tenant's obligations including maintenance, repairs, compliance with laws, and permitted use restrictions

7. Landlord Covenants: The landlord's obligations including structural repairs, insurance, and quiet enjoyment

8. Insurance: Insurance requirements for both parties, including building insurance and public liability insurance

9. Assignment and Subletting: Conditions under which the tenant may assign or sublet the property

10. Termination: Circumstances allowing early termination, break clauses, and consequences of termination

11. Indemnities: Mutual indemnifications and liability provisions

12. Notices: Process and requirements for serving formal notices under the agreement

13. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

What sections are optional to include in a 5 Year Commercial Lease Agreement?

1. Fit-Out Works: Details of any initial fit-out works to be carried out, including approvals process and specifications - include when tenant will be performing initial modifications

2. Service Charge: Provisions for service charge if the property is part of a larger building or complex - include for multi-tenant buildings

3. Guarantor Provisions: Terms applying to any guarantor of the tenant's obligations - include when tenant provides a guarantor

4. Break Clause: Provisions allowing either party to terminate the lease early under specific conditions - include if parties negotiate break options

5. Green Lease Provisions: Environmental and sustainability obligations - include for buildings with specific environmental certifications or requirements

6. Change of Control: Provisions dealing with change in tenant's ownership - include for corporate tenants

7. Operating Hours: Specific provisions regarding permitted operating hours - include for retail or business premises with restricted hours

8. Signage Rights: Provisions regarding external and internal signage - include for retail or visible commercial premises

What schedules should be included in a 5 Year Commercial Lease Agreement?

1. Schedule 1 - Property Description: Detailed description of the leased premises, including floor plans and measurements

2. Schedule 2 - Plan: Floor plans and site plans of the property

3. Schedule 3 - Inventory: List of any fixtures, fittings, and equipment included in the lease

4. Schedule 4 - Rent Review Provisions: Detailed mechanism for rent reviews including dates and calculation methods

5. Schedule 5 - Service Charge Items: Detailed list of services provided and covered by service charge (if applicable)

6. Schedule 6 - Building Rules: Rules and regulations for use of the property and common areas

7. Appendix A - Condition Report: Detailed report on the condition of the property at lease commencement

8. Appendix B - Fit-Out Specifications: Technical specifications for any agreed fit-out works (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Document Type

Lease Agreement

Cost

Free to use

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