Un contrato de arrendamiento comercial mal redactado puede convertirse en una trampa para ambas partes. Estos son los elementos que ningún contrato de este tipo puede omitir.
Term and Renewal: How to Avoid Disputes
The contract must clearly specify the start date, end date, and renewal mechanism. Contracts that simply say 'renewable by mutual agreement' create disputes when one party does not want to renew. We recommend including: minimum advance notice for non-renewal (typically 90 days), conditions under which the landlord may deny renewal, and whether the rent for the renewed period remains the same or is updated.
Base Rent and Indexation
The rent clause must include: monthly amount in pesos or dollars (with the reference exchange rate), annual adjustment mechanism (CPI, dollar rate, or fixed percentage), payment method (bank transfer, cash, check), grace days, and late payment penalty.
Security Deposit and Additional Guarantee
The typical security deposit in commercial leases is 1 to 3 months of rent. The contract must specify: what the deposit may be applied to (overdue rent, property damage, unpaid utilities), the return deadline at the end of the contract, and whether it accrues interest.
Improvements and Property Restoration
One of the most frequent sources of dispute at the end of a lease. The contract must address: what improvements the tenant may make without authorization, which improvements require prior written approval, whether improvements remain with the property or must be removed, and the condition in which the property must be returned at expiration.
Early Termination Clause
What happens if the tenant needs to leave before the term ends? The contract must provide for: early termination penalty (typically 3 to 6 months of rent), minimum notice period, and whether the penalty may be reduced if the landlord finds a new tenant.