Are you looking to open a hair salon or planning a brand new showroom for your brand? Then you’ll probably have to deal with renting commercial space. How is renting a hair salon or commercial space different from renting a home? We’ll take a closer look at that in this article.
A commercial lease is a contractual relationship between a landlord and a tenant. In this case, the tenant uses the premises for business purposes – for example, as a shop, office, warehouse or service establishment. Unlike residential leases, commercial leases are not subject to special tenant protection under the Civil Code. Therefore, the rights and obligations are much freer for both parties and depend more on how they agree on the lease.
The terms of a commercial lease can therefore have a significant impact on the operation of the business. If you are planning to rent a hairdressing salon or commercial premises for other purposes, for example, make sure that the lease agreement is set up correctly. Otherwise, you may find that the rent is unreasonably high, you may not be able to terminate the lease or you may face unexpected investments. By clearly defining the rights and obligations of both parties, you reduce the risk of future disputes and protect both the tenant and the landlord. We will be happy to help you prepare such an agreement, just contact us.
Do you have premises suitable for renting a hairdresser or other services? Or do you want to rent such premises? Either way, we will prepare a lease agreement that takes into account your requirements and protects you from potential disputes.
Renting commercial space is particularly worthwhile when you want to minimise your initial investment, need flexibility or are unsure whether your business will thrive in the long term and you will have sufficient income. On the other hand, owning your own space is worthwhile if you have a stable, established business with a long-term plan.
The Civil Code regulates the rental of commercial premises, specifically the provisions on rent (§ 2201 et seq.). Other relevant regulations include:
The difference between rent and lease is whether the tenant (lessee) not only uses the premises but also generates a profit from his/her own activities. If a business leases business space for passive use (e.g. an office), it is a lease. However, if he runs a restaurant or hairdresser in the space, for example, where he actively generates revenue, the contract should be a lease. This distinction is important mainly because of the legal implications, it translates into the possibility of terminating the contract, for example, so watch out for it.
Landlord’s obligations:
Tenant’s obligations:
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The most common type of commercial space for lease tends to be retail, showroom or shopping centre space. It also includes offices, whether open space, coworking, or stand-alone offices. This category also includes premises for services, for example hairdressers, beauty salons or surgeries. And lastly, it can be production and warehouse space, such as industrial halls and warehouses.
Premises intended for services such as hairdressing salons, beauty salons, massage parlours or other wellness establishments are subject to specific requirements. You must therefore take these requirements into account when concluding the lease agreement. In addition to the standard lease conditions, you need to think, for example, about hygiene standards, operating restrictions and the necessary permits.
Hairdressing salons and other beauty establishments fall under the control of the Regional Hygiene Station (KHS), which supervises compliance with the hygiene regulations laid down in the Public Health Protection Act and related decrees.
The main requirements include:
Therefore, before you sign a lease, you need to check that the premises really meet these hygiene requirements. If they do not, you need to find out who will pay for any alterations – whether they will be paid for by you or whether they will be an investment by the landlord.
Tip: A premises in an apartment or family house must meet other specific requirements. For example, if you want to open a hairdressing salon or other services in your home, read on to find out what you need to look out for and what your establishment must meet.
If you are planning to set up a hairdressing or beauty salon right in one of the shopping centres, then you should take into account the rules set by the operator of the building, i.e. the centre.
Common restrictions on doing business in a shopping centre include, for example, that you will have to be open during minimum set hours (e.g. 9am to 8pm) and not as you wish. This includes limited access to the premises outside of these hours, which can be a problem if, for example, you want to arrange cleaning outside of opening hours or need to make some alterations to the interior.
Also, expect that the mall may regulate the use of advertising and the visibility of your establishment. Some malls have very strict requirements regarding signboards and illuminated advertisements. And you may even encounter restrictions on noisy or aromatic services. For example, a massage establishment like this can get into trouble if its rental unit is right next to a restaurant.
One of the most common disputes that arise over the lease of commercial premises is non-payment of rent, i.e. late or unpaid payment. If you are on the landlord’s side, therefore, think about stipulating a penalty for late payment in your lease agreement or reserving the option of immediate termination if the tenant fails to pay for a long time. Also, arrange a security deposit to serve as a contingency for unpaid rent. As a tenant, you can also take out rent payment insurance to cover any short-term loss of income.
In our experience, the tenant and landlord of commercial premises also often have disputes about who should pay for maintenance and repairs. Commonly, minor repairs such as changing light bulbs, fixing handles or painting the premises usually fall on the tenant. On the other hand, major repairs, which include wiring or plumbing, go to the landlord. If the tenant decides to fix up the space at their own expense, then they should make sure that the lease does not state that they will have to put the space back in its original condition when they leave.
If the landlord is planning to refurbish the building, the tenant’s business may be adversely affected. The lease agreement for commercial premises should therefore clearly state whether the landlord can carry out the renovation without the tenant’s consent, what options the tenant has to terminate the agreement if the renovation significantly affects its business, and whether it will receive, for example, a rent discount during the renovation period.
Thus, a properly set up commercial lease agreement protects both parties. If you are unsure about the terms of your agreement, use our legal advice. A consultation with a lawyer can save you worry and financial loss.
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The lease of commercial premises is fundamentally different from a residential lease because the tenant uses the premises for business purposes and is not subject to the special protections of the Civil Code. The terms are more flexible, but care must be taken to ensure a carefully drafted agreement that addresses issues such as the amount of rent, termination options or maintenance obligations. The tenant must comply with health and building regulations, especially for establishments such as hairdressers or restaurants, and in shopping centres often faces restrictions on opening hours or advertising. The distinction between rent and lease is also a key difference – if a business is actively making a profit on the premises, it should have a lease agreement. The most common disputes tend to be non-payment of rent, unclear maintenance or changes in the use of the premises, so it is important to have all the essential terms and conditions contractually addressed.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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