Determination of the rent price based on turnover in workplace rents

Lease agreements, commonly referred to in practice as turnover-based leases, are frequently concluded—particularly for commercial premises in shopping malls—where the rent is not determined as a fixed amount but rather as a proportion of the tenant's turnover. Although it is sufficient for the rent component in a lease agreement to be ascertainable, legal uncertainty arises concerning how the law should be applied to such agreements that involve variable rents based on turnover. Given that turnover-based leases share similarities with both product leases and leases of commercial premises under a roof, it is essential to determine their legal nature. Identifying this nature will clarify the applicable legal provisions, the parties' obligations, and ultimately the conditions for termination of the contract. In this study, various opinions on the legal nature of turnover-based leases are discussed and a conclusion is drawn. Based on this conclusion, the obligations of the parties, particular aspects of this type of contract, and grounds for termination are also examined.