The June issue of the ”Nieruchomości” (en. “Real Estate”) - monthly magazine, published by the C.H.Beck publishing house, features an article written by Jakub Kilar devoted to an analysis of real estate lease.
The author discusses the issue of protection of a tenant of commercial premises in a situation where the premises have been sold but not yet handed over to the tenant. Can the new owner terminate the lease agreement at that time and, if so, how can the tenant protect itself against such termination?
The article includes a practical perspective on the application of Article 678 § 1 of the Polish Civil Code and solutions that may protect against termination on the basis thereof.
Commercial premises are often leased on the basis of lease agreements, under which the handover of the premises to the tenant takes place at a significantly later date after the conclusion of the agreement itself, e.g. when the premises constituting the subject of the lease have not been constructed yet or when the premises require prior adaptation to the tenant's needs by the landlord. In such situations, the tenant should be aware of the risks resulting from the content of Article 678 § 1 of the Polish Civil Code.
The full article is available in the latest issue of the monthly magazine and on the Legalis website.