A lease agreement is a contract by which one contracting party – the landlord, undertakes to transfer a certain thing for use to another contracting party – the tenant, and the latter is obliged to pay compensation – rent for it. The subject of the lease agreement can be real estate, movable property, or even a right. On the other hand, when it comes to rent, the rent is usually determined on a monthly basis, but it can also be set for other periods (quarterly, semi-annually, annually).
Since the lease of business premises is a bilateral binding contract, it imposes obligations not only on the landlord but also on the tenant. Thus, the tenant is burdened with three basic obligations: 1) the obligation to pay rent, 2) the obligation to take care of the business premises and use it in accordance with the contract, and 3) the obligation to return (surrender) the business premises. Obligation to pay rent: The tenant is obliged to pay the rent at the time specified in the contract, and in the absence of contractual provisions, it is his duty to pay the rent in advance monthly, no later than the fifth of the month. This obligation of the tenant arises from the moment the landlord handed over the lease subject to him, i.e., from the moment when he could use the business premises regardless of whether he actually did so. Until the handover, the tenant has no obligation. Obligation to take care of the business premises and use it in accordance with the contract: The tenant must use the business premises only for the purpose specified in the contract and according to other conditions in the contract, while being obliged to act with all necessary care. Obligation to return (surrender) the business premises: Upon termination of the lease, the tenant is obliged to return the business premises to the landlord in the condition in which he received it unless otherwise agreed or stipulated by law. This means that if the tenant has made certain changes during the lease, he is obliged to return the business premises to the state it was in when it was handed over to him.
Representing a client in Sarajevo, FBiH, Bosnia and Herzegovina, on the topic of the Lease Agreement for Business Premises – Landlord’s Rights Protection – in Bosnia and Herzegovina, this law firm, acting as the client’s attorney, concluded a Lease Agreement for real estate on January 4th, 2021. The notarized agreement OPU-IP 01/21 was concluded on this occasion. To protect the interests of the landlord, among other things, the tenant’s consent to immediate enforcement on his entire property for the amounts of all monetary claims to which the Landlord is entitled was agreed upon. This includes the due but unpaid rent, utility costs, and other monetary obligations determined as tenant’s obligations, enabling the Landlord to initiate enforcement proceedings for the collection of its claims without initiating a lawsuit.
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