Commercial lease in Cameroon is a form of lease agreement where the landlord leases his property for commercial purpose. Commercial lease agreements are more complex than residential leases because these terms are negotiable and the differences between leases vary greatly. In obtaining a commercial lease agreement in Cameroon, it is important to understand the lease terms that define the rights and responsibilities of both parties. In drafting a commercial lease agreement, the duration of a commercial lease depends on the understanding of the parties involved.
FEATURES OF A COMMERCIAL LEASE AGREEMENT
Commercial premises can be independent or part of a small or large commercial complex. Depending on size, the following are examples of clauses that can be used when drafting a commercial lease agreement.
- Parties: In drafting a commercial lease agreement, the full name and address of the lessor and lessee.
- Premises: A complete description of the property / property in order to correctly identify the subject of the lease.
- The Terms: This explains the duration of the lease, including the start date and whether the lease has a fixed duration so if the tenant wishes to remain in the property after the time limit expires, he must formally request a new lease that the landlord may or may not approve.
- Use: In obtaining a commercial lease agreement in Cameroon it should clearly explains the only use or type of use allowed by the lease.
- Prohibition: Parties: In drafting a commercial lease agreement, there must be a clause highlighting certain prohibitions.
- Rent and rate: In obtaining a commercial lease agreement in Cameroon, the lease agreement should state the annual rent and the total rent that should be paid in advance as agreed by the parties.
- Tax: In obtaining a commercial lease agreement in Cameroon include clauses relating to the payment of certain taxes such as VAT must be included.
- Rent review and upgrade terms: This explains the time period during which rents will be reviewed to increase rents.
- Service fee: Some commercial lease agreement usually contains provisions that determine the services provided by the lessor for the general maintenance of the property and the common interests of the tenants.
- Alienation: According to this clause, unless the written consent of the lessor is obtained, the lessee shall not give up owning the house by transferring the lease or subletting it.
- Full repair and guaranteed lease: lessee should keep the rented houses in good repair.
- Insurance obligation: because the owner of the property is legally responsible for the accidental injury of the visitor, the lessor usually requires the lessee to purchase third-party liability insurance to cover the lessor in this case.
- Planning: This clause usually requires the lessee to comply with all planning laws and regulations that affect the intended use of the leased property, and obtain the written consent of the lessor before making any planning application.
- Quiet enjoyment: In obtaining a commercial lease agreement in Cameroon, it should be clearly stated that the lessee will enjoy the premises peacefully without interference from the lessor or other persons who are based or entrusted to him.
- Choose to renew or accept a new lease: In drafting a commercial lease agreement, this clause gives the lessee the option to renew or request a new lease, usually by notifying the lessor in writing before the lease ends.
- House damage / destruction: Usually, where the property is damaged or destroyed, the lease continues to exist. The idea is that this does not automatically mean that the property cannot be returned to the rentable state. There are usually insurance obligations that cover such situations.
Commercial leases are always for long duration or period of rents in Cameroon. Such lease often starts from three years and above. Although long-term rental of commercial properties may not be an ideal choice for most companies, it may be the perfect solution for others.
Article by Barr. Mafany Victor Ngando
“The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance”