The different possible contracts for renting a coworking space

As with renting a 'traditional' office, the coworker or company wishing to settle in a coworking space must sign a contract with the place manager.

But here’s the thing, there are 2 different types of contracts each with their own specifics, and when you're not specifically versed in the intricacies of law, it can be difficult to choose between one or the other…

Do you want to rent a coworking space? Are you looking for the type of contract best suited to your situation? Don't worry, Deskeo explains all the nuances of possible coworking contracts and gives you all the information to choose the one that suits you.

Types of coworking rental contracts

There are mainly two types of contracts for renting an office in a coworking space: the commercial lease and the service contract. Let's compare the two to see which would suit you best.

The commercial lease or the service contract

The commercial lease and the service contract are 2 very different types of contracts, each with their own specifics:

As you can see:

• The commercial lease is a traditional rental contract, subject to strict regulations. It commits the tenant for a fixed term, generally of 9 years, with limited termination possibilities. In return, the tenant benefits from the exclusive use of the premises and must bear certain charges and taxes. It is therefore perfectly suited to businesses intending to establish themselves long-term and who seek a certain stability.
• The service contract, on the other hand, is specifically suitable for coworkers. It offers greater flexibility, with variable prices and rental durations as well as more flexible termination conditions. Additionally, the tenant benefits from additional services included in the contract, such as: undefinedundefinedundefined

The latter, therefore, corresponds more to the requirements of coworking and also offers many advantages to tenants who choose to use it.

The advantages of the service contract for coworking spaces

The service contract offers many benefits for coworkers:

• Greater flexibility in the rental duration and conditions for terminating the contract.
• Additional services included in the contract (reception service, office equipment, meeting rooms, private offices, etc.).
• Reduced obligations for the tenant (no management of charges, taxes, etc.).
• Adaptation to the specific needs of companies and self-employed workers.

This adaptability and these services are particularly appreciated by startups, SMEs, and freelancers, who make up a significant portion of coworking space users.

But while this contract is interesting in many ways, it is important to fill it out properly to ensure you benefit from all the advantages it has to offer.

Key elements to include in a coworking rental contract

Regardless of the type of contract chosen, certain essential clauses must be included to ensure the protection of both parties.

Important clauses in the contract

A coworking space rental contract must include the following clauses:

• The contact details of the coworker or company and the space manager.
• The contract duration,
• The renewal conditions.
• The conditions for terminating the contract and the required notice period.
• The rent price and payment terms.
• The services included in the contract.
• The rules of use for common areas.
• The responsibilities of each party (maintenance, repairs, etc.).

Other clauses can be added depending on the specifics of the location and the needs of the tenants, such as confidentiality clauses or options for additional services.

Our tips for drafting the contract

To draft a clear and precise coworking space rental contract, it is recommended to:

• Describe the rented location precisely (size, equipment, etc.).
• Detail the included services and any additional options.
• Use simple and understandable vocabulary.
• Have the contract reviewed by a professional (lawyer, legal advisor) to ensure legal compliance.

Particular attention should be paid to the description of spaces and services, to avoid any ambiguity or misunderstanding between the parties.

Still hesitating between a commercial lease and a service contract? Don’t worry, Deskeo will explain how to choose the right contract.

How to choose the right type of contract for your coworking workspace?

The choice of contract depends on several factors that should be analysed according to the specific needs of each company or self-employed worker.

Elements to consider before signing a contract

Before choosing a contract, it's important to consider the following elements:

• The desired rental duration (short, medium, or long term).
• The available budget and potential additional costs (charges, services, etc.).
• The services necessary for the activity (private offices, meeting rooms, etc.).
• The required adaptability (possibility to terminate or modify the contract).
• The needs regarding confidentiality and data security.

A thorough analysis of these factors will help determine the most suitable contract for each situation. But let's take some examples so this is really clear.

Examples of contracts and their adaptation to needs

Are you having trouble identifying the right contract for you? These example situations should help you find your way:

• A startup in the launch phase, needing great flexibility and turnkey services, should preferably opt for a short-term service contract.
• A SME wishing to establish its offices in a coworking space for an indefinite period will be better off choosing a classic commercial lease.
• A freelance worker occasionally working in a coworking place will probably prefer to sign a service contract with flexible rental durations (hourly, daily, etc.).

In conclusion, it is essential to clearly understand the needs and constraints of one's activity to choose the most suitable contract when renting a coworking space.

In any case, it is crucial to pay special attention to the drafting of the contract, including the essential clauses and precisely describing the rented space and the services offered.

Do not hesitate to seek assistance from a legal professional to ensure you make the best choice and sign a contract that meets your needs.