Expert explanation

Office leases fall under the general provisions on leases of non-residential premises in the Czech Civil Code. The agreement should be in writing and clearly set out:

• Identification of the parties – landlord and tenant, including company registration numbers.

• Precise description of the leased premises – address, floor, room number, floor plan, and size in square meters.

• Purpose of use – office space, administration, and any other permitted activities.

• Rent amount and payment terms – amount, due date, payment method, currency, and any rent indexation.

• Services and utilities – what is included in the rent, what is charged separately (electricity, water, heating, internet), how it will be billed, and timeframes.

• Deposit (security) – amount, method of payment, and return conditions.

• Maintenance and repairs – who handles minor repairs, who pays for major works, and how emergencies are dealt with.

• Lease term – fixed-term or open-ended, and conditions for extension.

• Termination reasons and notice periods – clearly stated, including the possibility of immediate termination for breach.

• Handover protocol – condition of the premises and equipment at handover, ideally with photos.

• Penalties and contractual fines – e.g., for late payment or damage to the premises.

• Other arrangements – subletting, placement of signs, access outside working hours, insurance.

Main risks and common mistakes

• Vague description of the premises – without clear definition, disputes may arise about what exactly you are renting.

• Omitting services and utilities – failing to address billing can lead to unexpected extra costs.

• Unclear maintenance terms – without specific responsibilities, costs can easily be shifted to the tenant.

• Weak termination provisions – vague or unenforceable terms can complicate ending the lease.

Step-by-step procedure

1. Needs analysis – determine how much space you need, what services and equipment are essential for your company’s operation.
2. Contract review – check all clauses, especially payment terms, notice periods, and maintenance obligations.
3. Negotiation – agree on changes to ensure a fair balance of rights and obligations.
4. Written agreement – always have the lease and any amendments in writing.
5. Handover protocol – insist on a detailed protocol when signing the lease.

Real-life example

A company signed a lease without specifying what “services” included. After a year, they received a utility bill triple the expected amount. Without a clear contractual definition, it was impossible to dispute, and the company had to pay.

Why be cautious with DIY solutions

Free template contracts often fail to address details specific to commercial premises. They may lack sufficient protection for the company and do not account for common operational scenarios in offices.

You might be thinking…

“If nothing breaks in the office, why bother with maintenance terms in advance?”
Because once something happens – from a heating outage to a leaking roof – it’s too late to argue about who should pay.

Lawyer’s recommendation – checklist

• Written lease with a detailed description of the premises.

• Clearly defined payments, services, and conditions for their adjustment.

• Handover protocol with photographic documentation.

• Clear division of responsibilities for maintenance and repairs.

• Precisely stated termination reasons and notice periods.

FAQ

Does an office lease have to be in writing?
Yes – written form is essential for legal certainty.

Can the landlord increase rent unilaterally?
Only if agreed in the contract or permitted by law.

Who pays for office repairs?
It depends on the agreement – minor repairs are often the tenant’s responsibility, major works usually the landlord’s.