Lease agreements for commercial purposes in Portugal have specificities that distinguish them from residential lease agreements. Here are some of the main characteristics and legal implications of these contracts:
Specificities of Lease Agreements for Commercial Purposes
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Contract Object:
The commercial lease agreement is used for the assignment of spaces intended for commercial, industrial, or service provision activities. This includes shops, offices, warehouses, and other non-residential spaces.
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Contract Duration:
The duration of commercial contracts may be freely agreed between the parties, without a minimum or maximum term imposed by law. However, it is common for them to be signed for longer periods, to ensure business stability.
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Rent Updates:
Rents in commercial contracts may be updated according to what is stipulated in the contract. If there is no stipulation, the consumer price index (CPI) applies as a reference for updates.
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Works and Improvements:
The contract may provide for the tenant to carry out adaptation works or improvements to the rented space. These works must be agreed between the parties and may influence the rent value.
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Contract Termination:
The rules for termination of commercial lease agreements are more flexible than in residential contracts. The parties may stipulate the conditions for termination and rescission in the contract, respecting the agreed advance notice periods.
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Guarantees:
It is common to require additional guarantees, such as a deposit or guarantee, to ensure fulfillment of contractual obligations by the tenant.
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Legal Regime:
Commercial lease agreements are subject to the New Urban Lease Regime (NRAU), with specific provisions for non-residential leases.
These specificities aim to adapt lease agreements to business needs, providing flexibility and legal security for both landlords and tenants.