Lease law in the Netherlands - rental agreements under Dutch law Article 7: A lease contract does not require a special form it is however always advisable to have a written contract.
A critical element of that strategy for commercial tenants, as well as landlords, is making sure the real property chosen for operation is properly tailored to the intended use, and is flexible enough to anticipate various adverse scenarios that can and will arise in a dynamic and rapidly changing legal landscape.
Here are some points to consider towards that end: Stop using form leases. Save yourself the trouble and plan ahead by working with an experienced real estate attorney who understands the proposed use and the industry in California, and can write a proper lease to fit the tenancy.
Specifically describe the permitted use and define applicable law.
There are important legal consequences under state and federal law for adult use cannabis operations vs. And of course, there remains the issue of federal illegality overhanging everything. To save everyone time and headaches down the road, make sure the parties are in clear agreement on exactly what categories of licensed activity will be allowed under the tenancy, specify that in the lease, and restrict it to that use.
When it comes to applicable law, local law and state regulations should be front and center, and there should be a carve-out for inconsistent federal law, lest a tenant be in violation of the lease from day one.
Entanglement issues such as profit-sharing arrangements and equity-as-rent may be lucrative, but they require a higher risk tolerance. Clarify insurance obligations and anticipate increased operating expenses.
Regardless of whether the landlord or the tenancy will be responsible for maintaining and paying for building and property insurance, the parties should realize that: Do due diligence on the property first.
Doing things like zoning and title analysis would more typically be associated with a new purchase than a lease. The parties should consider including a due diligence period in the letter of intent, as well as including an early termination option for a variety of land use restrictions that could be triggered by cannabis use, including changes in zoning laws.
But similar to a zoning and title analysis, parties looking to start a commercial cannabis tenancy can and should factor the neighbors into the equation before deciding to commit to a lease. This is particularly relevant for business parks or multi-tenant buildings with non-cannabis tenants that might complain about the effect of cannabis odors or otherwise on their business operations.
Better to know now than 3 years into a year lease term. The parties can also consider including an early termination option in the event that neighbors bring a civil action. Consider the federal government.
Anticipate the license timeline. California has just started issuing temporary licenses to applicants who already have local approval. This uncertainty can be built into the lease in terms of rent abatement and an early termination option, depending how confident the parties are that approval will be successful.
Make sure the occupancy plan stays legal. However, licensed premises must still have a designated area dedicated to only one licensed activity at a time, with the exception of adult-use and medicinal operations being allowed to operate in the same place under certain circumstances.
The new rules also contain a blanket prohibition on subletting of any licensed premises.
This means that the parties should spell out in the lease exactly which activities will be conducted in which areas of the property. Choose the right law, venue, and dispute resolution process.Lease law in the Netherlands - rental agreements under Dutch law Article of the Dutch Civil Code defines a lease as: a contract whereby one party, the lessor, undertakes to provide the other party, the lessee, with the use of a thing or a part thereof and the lessee undertakes to perform a counter-obligation.
The following articles will help you understand your rights as a tenant, how lease and rental agreements work, payment of rent and security deposits, tenant safety, landlord liability, the eviction process, and more. This section also provides links to state landlord-tenant laws, with tips on hiring a real estate lawyer.
Commercial leases are not subject to most consumer protection laws that govern residential leases -- for example, there are no caps on security deposits or rules protecting a tenant's privacy.
No standard forms. The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring). Are you looking for a complete guide that has everything from hunting leases to firearms law to gun trusts?
In this all-inclusive hunting law guide, you'll get essential tools on how to draft a solid lease, insight on Title II Firearms regulation, learn how to draft a gun trust and so much more!
The agency’s attempt to apply a “unitization framework” from oil and gas law to geothermal leases would “allow dozens of nonproductive leases to tie up thousands of acres of public land.