Commercial Lease Agreement Generator

 

"A well-crafted commercial lease protects both landlord and tenant interests while clearly defining the relationship."

Key Considerations of a "Good" Commercial Lease

 
  • Precise description of the leased premises with measurements and boundaries.

  • Clearly defined lease term with specific start and end dates.

  • Unambiguous rent calculation, payment schedule, and escalation clauses.

  • Detailed explanation of permitted use and any use restrictions.

 
  • Comprehensive insurance requirements for both parties.
  • Indemnification provisions that fairly allocate risk.
  • Security deposit terms with clear conditions for return.
  • Default provisions with reasonable cure periods and remedies. 
 
  • Region-specific legal compliance with local property laws.
  • Tax responsibility allocation (property, sales, and other applicable taxes).
  • Environmental compliance provisions and responsibilities.
  • Flexibility for changes in business needs (assignment, subletting, expansion)
 
  • Detailed maintenance and repair responsibilities for each party.
  • Clear allocation of utility and service costs.
  • Operating expenses cost breakdown and calculation method.
  • Alterations and improvements provisions with approval processes.

Commercial Lease Types

Different lease structures allocate costs and responsibilities differently between landlord and tenant. Understanding these options helps you choose the right approach for your situation.

Gross

In a gross lease, tenants pay a fixed rent while the landlord covers all property expenses including taxes, insurance, and maintenance.

Triple Net (NNN)

In a triple net lease, tenants pay a lower base rent plus their proportionate share of property taxes, insurance, and common area maintenance costs.

Modified Gross

A compromise between gross and triple net leases, where tenants pay base rent plus some operating expenses, while landlords cover others.

Percentage

Common in retail settings, tenants pay a base rent plus a percentage of their gross sales, aligning landlord income with tenant business success.

Other Essential Clauses For Your Lease

Renewal Options

Gives tenants the right to extend the lease term under specified conditions, providing business continuity and location stability.

  • Specified notice period requirements
  • Rent determination for renewal periods
  • Number and length of renewal terms
Tenant Improvements

Outlines allowances and requirements for customizing the space to meet tenant needs, including financial responsibilities.

  • Improvement allowance amount and timing
  • Approval process for modifications
  • Ownership of improvements at lease end
Assignment & Subletting

Establishes the tenant's ability to transfer lease rights to another party, with appropriate landlord protections. 

  • Consent requirements and standards
  • Recapture rights for landlords
  • Profit-sharing on subleases
Force Majeure

Addresses how unforeseen circumstances beyond either party's control affect lease obligations and performance.

  • Qualifying events definition
  • Rent abatement provisions
  • Termination rights for extended events
Dispute Resolution

Establishes the process for resolving disagreements, potentially saving time and legal costs for both parties.

  • Mediation requirements
  • Arbitration vs. litigation options
  • Attorney fee provisions
Purchase Options

Gives tenants potential future ownership opportunities, which can be valuable for long-term business planning.

  • Option to purchase terms
  • Right of first refusal provisions
  • Purchase price determination methods

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