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Lease of business premises

      Index clause
      
Notice of termination
      Payment of rent


The lease of business premises is prescribed by the Act on the Lease of Business Premises (LHVL 482/95).

It is always advisable to sign a lease in writing. If there is no written lease, the lease is considered to be valid until further notice. A fixed-term lease must always be made in writing. Fixed-term leases are usually made for 3–5 years.

The lease should always contain at least the following information:

1. Name, business ID (or personal identity number), address, telephone number and bank connection of the lessor

2. Business ID (or personal identity number), address and telephone number of the tenant

3. The premises to be leased and their intended use

4. The lease period: in the case of a fixed-term lease, the length of the lease period (start date and end date); in the case of a lease valid until further notice, the start date of the lease, period of notice and the first possible date of giving notice of termination

5. The rent (possibly specified as absolute net rent and maintenance rent) and other payments: the period of payment of rent, the amount of rent, the due date and the interest for delay, separate charges payable by the tenant such as water, electricity, etc.

6. Deposits, if any, payable for one or more periods

7. Guarantee and its value (for example, a bank deposit)

8. Rent increases: the rent is tied to an index (cost-of-living index, building cost index, or cost index for real estate maintenance), other basis

9. Date of transfer of the proprietary right to the premises if the tenant cannot occupy the premises immediately

10. Other clauses: alterations to the premises (who pays), use of common premises, etc.

11. Date and the lessor's and tenant's signatures.

Index clause

When a lease is agreed to continue until further notice or for at least three years, it is possible to tie the adjustment of the rent to an index.

In this event the following information is to be noted in the lease: the relevant index, the publication month and year of the basic index, as well as the index value known at the time of signing the lease, and the adjustment date. The indices used are the cost-of-living index, building cost index and the cost index for real estate maintenance.

The cost-of-living index will be published on the 14th day of each month for the previous month, or the working day closest to this date. Information on the value of the cost-of-living index is available on +358 (0)100 1734 (0.98 Euro + LNC) or on the Statistics Finland website.

The building cost index will be published on the 12 day of each month for the previous month. If the 12th day falls on a Saturday or Sunday, the statistics will be published on the previous working day. The values are published by Statistics Finland. Information on the value of the building cost index is available from +358 (0)9 1734 2231 or on the Statistics Finland website.

The cost index for real estate maintenance describes the price development of real estate management and is a suitable basis for rent adjustment. The index is published by Statistics Finland 4 times each year in May, August, November and February.

Information on the value of the cost index for real estate maintenance is available from Statistics Finland on +358 (0)9 1734 2261.

Notice of termination

A fixed-term lease ends on the agreed date without notice. The parties may provide for the continued validity of the lease at the time of signing the lease.

A lease valid until further notice ends on the expiry of the agreed period of notice. The period of notice is calculated from the last day of the calendar month during which the notice was given, unless otherwise agreed.

The period of notice is three months from the lessor's side and one month from the tenant's side, unless otherwise agreed. Where the tenancy concerns business premises, the lessor and tenant may freely agree on the period of notice.

When the lessor wishes to give notice of termination of the lease, the notice must be delivered to the tenant in writing in a verifiable way. The termination date and the grounds for the notice of termination must be stated on the notice. A summons for tenant eviction, including a claim for the termination of the tenancy, is acceptable as a notice of termination.

When the tenant wishes to give notice of termination of the lease, the notice must be delivered to the lessor in writing in a verifiable way. The reason for termination of the tenancy only needs to be stated if the Act on the Lease of Business Premises or another act or decree requires special grounds for the notice of termination. Thus the tenant is not normally required to state the grounds for giving notice of termination of a lease valid until further notice.

Notice of termination of subtenancy of business premises

The tenant is entitled to sublet or otherwise convey to another no more than 50 % of the premises without the consent of the lessor, unless this causes significant inconvenience or disturbance to the lessor. In the case of subtenancy, the period of notice on the sublessor's side is one month.

If the sublessor has given notice of termination of the subtenancy without justifiable grounds, the subtenant is entitled to reasonable compensation for removal costs and costs incurred by the acquisition of a new tenancy.

In the case of subtenancy, the period of notice on the subtenant's side is 14 days. However, if the parties have agreed on another period of notice, or if the tenancy has been agreed to end on a certain date without notice, this agreement must be observed.

Grounds for notice of termination

If notice of termination is given by the lessor, the grounds for the notice must always be stated.

If notice of termination is given by the tenant, the grounds for the notice only need to be stated in the following situations:

• the tenant has been granted a permit to give notice of termination of a fixed-term lease by a court of law
• the death estate of the tenant gives notice of termination of a fixed-term lease
• the notice of termination is based on the termination of an employment relationship and the lessor wishes to have the tenancy terminated simultaneously with the employment relationship.

The day of removal is the first weekday after the termination of the lease.

Payment of rent

The rent must be paid on the second day of the period of payment of rent at the latest, unless otherwise agreed. The period of payment of rent corresponds to a calendar month or another period agreed on. The lessor and tenant may agree to make rent payable in advance for one or more months.

Lease forms for business premises are available on the Kiinteistöalan Kustannus Oy website under the section Internetlomakkeet. The forms can be completed on the Internet, paid for (through Solo Payment, Kultaraha or Sampo Bank's WebBank service) and printed. The price is 2.5 Euro per form. When you begin to fill in the form on the Internet, it is advisable you take note of the reference number given by the service. Should the connection be terminated for some reason, you can use the reference number to retrieve the form.

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