A lease agreement is a contract in 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. 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).
From the concept and nature of the lease agreement for business premises, three basic obligations arise on the side of the landlord: 1) the obligation to deliver the business premises, 2) the obligation to maintain the business premises, and 3) the obligation to protect the tenant in case of physical and legal defects. Obligation to deliver the business premises: The landlord is obliged to deliver the business premises to the tenant in a condition in which it can be used for the purpose specified in the contract, unless the parties have agreed otherwise. Obligation to maintain the business premises: The landlord is not only obliged to deliver the thing to the tenant in a condition suitable for the use for which the contract was concluded, but also to maintain the thing in that condition during the lease period so that it serves the contractual purpose, unless otherwise agreed. Obligation to protect the tenant in case of legal and physical defects: Like any transferor from a burden contract, the landlord has an obligation to protect the tenant both in case of legal disturbance (eviction protection) and in case of material (physical) defects of the leased property (defect protection). In other words, the landlord has an obligation to ensure the tenant peaceful and beneficial possession of the business premises. If a third party claims rights to the leased business premises or any part thereof and addresses its demand to the tenant, or if it wrongfully takes possession of the leased property from the tenant, the tenant is obliged to inform the landlord about it unless the landlord is already aware of it; otherwise, the tenant will be liable for damages. If it is determined that a third party has a right that completely excludes the tenant’s right to use the property (complete eviction – e.g., a third party has ownership rights to the business premises and wants to use it independently), the lease agreement is terminated ex lege, and the landlord is obliged to compensate the tenant for the damage suffered due to legal disturbance.
Representing a client in Derventa, RS, Bosnia and Herzegovina, regarding the conclusion of a Lease Agreement for Business Premises – Tenant’s Protection – in Bosnia and Herzegovina, this Law Office provided advice to the tenant to protect the tenant’s interests.
If you need legal advice on the Lease Agreement for Business Premises – Tenant’s Protection – in Bosnia and Herzegovina as an individual, company, member of a company, director, or founder, or if you need a lawyer for Corporate law for your company or business idea, then you are in the right place with us. You can contact our corporate lawyers directly via phone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).
