Commercial Lease Agreement

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Parties›Property›Rent…

Parties19 questions

1. What type of business entity is the company entering into this document?

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2. Which state is the leased property located in?

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3. In which county should disputes be resolved?

4. Landlord's exact legal name

5. What type of entity is the landlord?

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6. Name and title of the person signing on behalf of the landlord

7. Landlord's primary mailing / notice address

8. Address where rent payments should be sent (if different from notice address)

9. Is there a property manager or managing agent for day-to-day operations?

10. Tenant's exact legal business name

11. What type of entity is the tenant?

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12. Does the tenant operate under a trade name or DBA?

13. Name and title of the person signing on behalf of the tenant

14. Tenant's principal business / notice address (before or outside the leased premises)

15. What type of business does the tenant operate?

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16. What is the tenant's permitted use of the leased space?

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17. Does the tenant have an exclusive right to operate their business type in the building or project?

18. Were any real estate brokers involved in this transaction?

19. Is the property subject to any superior documents that affect this lease?

Property15 questions

20. Full address of the leased space, including suite, floor, or unit

21. Building or project name (if applicable)

22. Describe the leased premises - include rentable square footage, usable square footage, and all included areas

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23. Rentable square footage of the leased premises

24. Will a floor plan, site plan, or premises exhibit be attached to the lease?

25. What shared building or project amenities does the tenant have the right to use?

26. In what condition will the landlord deliver the premises?

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27. Lease commencement date (first day of the lease term)

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28. When does rent begin? (If different from lease commencement)

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29. Is there an outside delivery date - a deadline by which the landlord must deliver possession or complete landlord work?

30. Lease expiration date (last day of the initial lease term)

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31. What type of lease structure applies?

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32. Who is responsible for obtaining business licenses, building permits, health permits, and certificates of occupancy?

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33. Is the lease contingent on zoning approval, permits, licenses, or any other condition?

34. Will the lease include operating covenants requiring the tenant to operate continuously during specified hours?

Rent13 questions

35. Monthly base rent (dollars)

36. Does the base rent change year-over-year on a specific schedule (step rent)?

37. How does rent escalate over the lease term?

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38. Is there a free rent (base rent abatement) period at the start of the lease?

39. Security deposit amount (dollars)

40. What form does the security deposit take?

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41. Does the security deposit reduce (burn down) if the tenant remains in good standing?

42. When is rent due each month?

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43. Acceptable rent payment methods

44. Late fee for overdue rent

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45. Will overdue rent and other monetary obligations accrue default interest?

46. Grace period before a late fee or default notice is triggered for monetary obligations

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47. Which of the following constitute "additional rent" for default and remedy purposes?

Operating Expenses11 questions

48. What is the tenant's pro rata share of building expenses (%)?

49. Who pays real property taxes?

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50. How is building insurance handled?

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51. Will both parties include a mutual waiver of subrogation in their insurance policies?

52. Do common area maintenance (CAM) charges apply?

53. Must the tenant maintain commercial general liability insurance?

54. How are utilities and building services handled?

55. Who is responsible for HVAC maintenance, repair, and replacement?

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56. Who is responsible for each category of repair and maintenance?

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57. Who is responsible for janitorial and cleaning services within the leased space?

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58. Who is responsible for ADA (Americans with Disabilities Act) compliance costs?

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Improvements & Build-Out7 questions

59. Will the landlord provide a tenant improvement (TI) allowance?

60. What mechanics lien protections apply?

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61. Who owns permanent improvements at the end of the lease?

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62. How will trade fixtures, specialized equipment, cabling, and FF&E be treated at lease expiration?

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63. What is the maximum cost of alterations the tenant can make without requiring landlord's prior written approval?

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64. What conditions apply when the tenant makes approved alterations?

65. In what condition must the tenant surrender the space at lease expiration?

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Rights & Options10 questions

66. Does the tenant have an option to renew the lease?

67. What is the policy for assignment and subletting?

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68. For approved transfers, what conditions and sharing arrangements apply?

69. Does the tenant have any expansion, first offer, or first refusal rights?

70. What signage rights does the tenant have?

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71. Describe any agreed signage specifications, approval process, and maintenance obligations

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72. How many parking spaces are included with the lease?

73. Describe parking arrangements, including reserved vs. unreserved, location, fees, and any EV or loading provisions

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74. What happens if the tenant stays past the lease expiration without a renewal agreement?

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75. If the tenant holds over and causes the landlord to lose a new tenant, is the tenant liable for consequential damages?

Use & Compliance4 questions

76. Will the tenant use, store, generate, or dispose of any hazardous materials, chemicals, or regulated substances?

77. Will the lease include an environmental indemnity requiring the tenant to remediate contamination they cause?

78. Who is responsible for compliance with laws, codes, and regulations applicable to the leased space?

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79. Will landlord's building rules and regulations be incorporated into the lease?

Risk Allocation4 questions

80. What happens if the premises or building is damaged by fire or casualty?

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81. What is the maximum restoration period before the tenant can terminate after a casualty?

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82. What happens if all or part of the premises is taken by condemnation or eminent domain?

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83. How will liability and indemnification be structured between the parties?

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Default & Remedies6 questions

84. What events constitute tenant default?

85. Notice and cure period for monetary defaults (nonpayment of rent)

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86. Notice and cure period for non-monetary defaults

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87. What remedies does the landlord have upon tenant default?

88. What constitutes landlord default and what are the tenant's remedies?

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89. Is a personal guarantee required from the tenant's owner or principal?

Lender & Transfers3 questions

90. Will the tenant be required to execute an SNDA (Subordination, Non-Disturbance, and Attornment) agreement with the landlord's lender?

91. Will the tenant be required to deliver estoppel certificates when requested by the landlord?

92. Under what conditions can the landlord sell the property or assign the lease?

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Termination & Dispute6 questions

93. Does the tenant have a contractual right to terminate the lease before the expiration date?

94. Include a force majeure clause?

95. How should disputes be resolved?

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96. Who recovers attorneys' fees in a dispute?

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97. Include a jury trial waiver?

98. Will the lease permit execution by electronic signature?

General4 questions

99. What methods of notice are permitted and when are they deemed delivered?

100. Should the lease terms and financial information be kept confidential?

101. Must the tenant provide financial statements or reports during the lease term?

102. Are there any additional deal terms, side agreements, or negotiated provisions not covered above?

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Required - please read and check this box to generate:ArtiEsq provides self-help legal information and document automation. ArtiEsq is not a law firm, does not provide legal advice, and use of this product does not create an attorney-client relationship. You are responsible for reviewing the document and determining whether you should consult a licensed attorney for legal advice about your specific situation.

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