What do you have to observe when entering into a pop-up store agreement?

In a pop-up store agreement there must be clearly laid down that it is entered into for less than two years. To the lease of shop premises, in principle, the same rules apply as to the lease of commercial premises where termination of the agreement is difficult. This is not in line with the flexible nature of a pop-up store, but if a lease is entered into for two years or less these rules do not apply.

In addition to the agreed lease period for the shop premises, on entering into the agreement the parties also have to take into account the following:

  • Local laws and regulations, such as the zoning plan
  • Necessary permits, such as an integrated environmental permit for rebuilding and/or advertising
  • Options for interim termination of the agreement, for instance if a permanent lessee is found for the premises
  • Liability in case of defects in or damage to the rented premises