Catalina Soto Director Costa Rica E-mail
https://blplegal.com/blp-web-2021/wp-content/uploads/2023/08/F-_Esteban-Badilla.pngEsteban Badilla Paralegal Costa Rica E-mail
Three years after the peak of Work from Home and the investments in technological capital made by companies, we are facing a new panorama with the gradual return to face-to-face work. This return has implied a change in the needs and expectations of workers. Now they are looking for office space with adjustability terms of use and occupation, which allows them to gradually explore changing work needs, such as, for example, shared offices called Coworking spaces or adaptable work areas known as Flex Space.
The particularities of the use or lease contracts for these new types of space are worth considering. In addition to the usual contractual conditions of a lease, or service contract, the documentation must establish the duration and format of the contractual relationship, the hours and mode of access to the facilities, the densities of use, the possibilities of expansion in case of hiring more workers, costs, expenses, and insurance required. It is also essential to resolve the use of parking spaces (where applicable) and define the type of use and spaces within the workplace and the furniture and equipment included.
On the part of the owners and users of these spaces, there are two primary needs: flexibility and stability. On the one hand, the tenant businessman seeks flexibility in the office spaces and services that enable him to expand or reduce his operation. On the other hand, the tenant seeks stability in terms of knowing the costs and expenses and, where possible, assigning to others responsibilities that are not part of its business, such as maintenance and repair of workspaces and overall real estate administration.
By contrast, the property owner seeks to secure contracts that, in addition to regulating the relationship with the tenant, enable the owner to recover the investment made, guaranteeing contract terms as far as possible but keeping the possibility of having short durations. The latter objective presents challenges in countries where leases have minimum terms assigned by law.
Finally, it is essential to mention that in addition to the benefits and conditions indicated, these more flexible work formats, which allow several companies and workers to coexist closely, have the added value of creating a network of contacts (networking) and community between people and companies from various disciplines, being able to establish meaningful business and personal relationships, and also producing a positive work experience. However, this creates significant challenges in terms of talent retention, the protection of proprietary company policies and the work environment of each company, and, above all, the protection of business data and information.
We are facing a paradigm in which the requirements of employers in terms of their needs for workspaces are uncertain, changing, and often of first impression. Therefore, owner and tenant relations require regulation that produces the necessary fluidity, guaranteeing legal security and the best user experience.
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