One of our specialties include drafting and negotiating:
- commercial, office, and warehouse lease agreements,
- short-term accommodation agreements in non-residential premises,
- institutional and occasional lease agreements.
The CCLaw. law firm specializes in legal services related to the commercialization and re-commercialization of spaces in shopping centers, retail parks, or “convenience” type properties. The lease agreements drafted by our lawyers meet the demands of investment funds and banks financing the construction of properties. We boast over 15 years of experience in the legal handling of retail centers and chains of various specificities, advising both landlords and commercial space tenants. We have extensive experience in negotiating lease agreements in office buildings and office parks throughout Poland. We also cater to logistic centers.
In drafting lease agreements, we particularly focus on:
- tailoring the lease agreement to the client's needs, depending on whether they are a tenant or a landlord,
- effective enforcement provisions (especially bank guarantees, notary acts of voluntary enforcement),
- rules of performing and financing finishing works, securing the fit-out payment,
- proper establishment of rules for granting and returning tenant incentives (such as rent discounts, contributions, fit-outs, promotional campaigns),
- accurately reflecting the parties' business arrangements in the agreement to ensure they are valid and enforceable in court (e.g., break options for terminating fixed-term leases, ratchet clause, contractual penalties for early termination (particularly penalties counted per each day/month), non-compete clauses, and “green” clauses relating to environmental protection and energy efficiency),
- rules for determining and settling shared fees in the premises, including setting CAPs on fees and verifying annual settlements,
- verification of rental rates for indexing, and in shopping centers also for turnover rent.
Our vast experience in this area allows us to understand the business needs of our clients and offer them optimal, practical solutions to emerging issues. Our expertise goes beyond lease agreements. We advise our clients in their relationship with property managers. We provide support even when a property broker is active in the property commercialization process.
We are familiar with landlords work standards, which makes it easier for us to represent tenants. We understand the specifics of negotiations for office and warehouse leases. If you are seeking support in entering into a lease agreement that will bind you for many years with a professional and demanding partner, our lawyers specializing in commercial lease agreements will be able to advise on the best possible contract terms.
Within this specialization, we offer:
- participation in the negotiation of the lease agreement,
- drafting and negotiating agreements concerning incentives for tenants, including tripartite agreements between the landlord, tenant, and their contractor regarding rules of performing and financing finishing works by the tenant’s contractor,
- drafting and negotiating agreements between the developer and the broker regarding the commercialization of the property,
- drafting and negotiating agreements between the developer and the property manager,
- support in dispute resolution,
- analysis and negotiation of documentation related to investment financing (including advice on LMA-standard agreements).
We work for leading developers in the market.
Our clients in leases include:
Companies leasing commercial premises:
- TK Development Group Companies – numerous commercial lease agreements in shopping malls throughout Poland
- Forum Gliwice sp. z o.o. (Deka Immobilien Group Company) – comprehensive commercialization of Forum Shopping Center in Gliwice
- Agora Bytom sp. z o.o. (Borgestad Group Company) – comprehensive commercialization of the Agora Shopping Center in Bytom
- Dex Park sp. z o.o. – Legal advice during the re-commercialization of the Aleja 69 Retail Park in Lubin
Among the commercial premises tenants:
- Tiger Warsaw sp. z o.o. – operator of the Flying Tiger store chain
- PHU Jubiler sp. z o.o. – operator of the Swiss boutique chain
- G8 S.A. – operator of the Lancerto store chain
- MP Alliance – operator of the Anabel Arto store chain
- Utlragroup Europe – operator of the Hugo store chain
We also serve investment funds leasing premises in office buildings in Warsaw, Gdańsk, and Wrocław, as well as warehouse facilities located in many cities in Poland, including Warsaw, Łódź, Bydgoszcz, Gliwice, Sosnowiec, Poznań, Swarzędz, Mysłowice, Rokitno, Kutno, Bielsko-Biała, Częstochowa, Czechowice-Dziedzice, and Świebodzin.