The Commercial Lease Termination By Landlord document is a crucial legal instrument in Belgian commercial property law, used when a landlord wishes to end a commercial lease agreement before or at its term. This document must strictly comply with the Belgian Commercial Lease Act of 1951 and Civil Code requirements, including specific notice periods and legitimate grounds for termination such as personal use, reconstruction, or serious breach of contract. It is typically used in situations where the landlord has valid legal grounds for termination and must provide formal notice to the tenant. The document must include comprehensive details about the property, parties involved, legal basis for termination, and required actions. Its use is regulated by Belgian federal law and regional regulations, requiring careful attention to jurisdictional requirements and potentially official registration with relevant authorities.
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1. Identification of Parties: Full legal names and addresses of both landlord and tenant, including company registration numbers if applicable
2. Property Details: Complete address and description of the leased premises, including any relevant reference numbers
3. Lease Reference: Details of the original lease agreement including date of execution, registration details, and any subsequent amendments
4. Notice of Termination: Clear statement of intention to terminate the lease, citing the specific legal grounds under Article 16 of the Commercial Lease Act
5. Legal Basis: Detailed explanation of the specific grounds for termination under Belgian law
6. Termination Date: Specific date when the lease will terminate, ensuring compliance with statutory notice periods
7. Vacation Requirements: Clear instructions regarding the tenant's obligations for vacating the premises and returning keys
8. Property Inspection: Proposed arrangements for final property inspection and inventory check
9. Settlement of Accounts: Information regarding final rent payment, service charges, and security deposit return
1. Personal Use Declaration: Required when termination is based on landlord's intention to personally occupy the premises, including detailed plans as required by Article 16,I of the Commercial Lease Act
2. Reconstruction Plans: Required when termination is based on renovation or reconstruction, including detailed construction plans and permits
3. Breach Details: Required when termination is based on tenant's breach of contract, including detailed description of breaches and previous warnings
4. Compensation Offer: Required in certain cases where statutory eviction compensation must be offered to the tenant
5. Alternative Premises: Optional section offering alternative premises if available and if landlord wishes to maintain good relations
1. Original Lease Agreement: Copy of the registered lease agreement and any amendments
2. Property Registration Documents: Relevant property registration documents and cadastral information
3. Proof of Grounds: Supporting documentation for the termination grounds (e.g., building permits, personal use plans, breach evidence)
4. Historical Communication: Copies of relevant previous correspondence, especially any warnings or notices
5. Current Property Condition Report: Recent documentation of the property's condition, if relevant to the termination grounds
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