Simple Commercial Lease Agreement Template
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement (this "Lease") is made and takes effect on [date] (the "Effective Date").
This Lease is between [Landlord legal name], a [type of entity] organized under the laws of [jurisdiction], with its principal office at [Landlord address] ("Landlord"), and [Tenant legal name], a [type of entity] organized under the laws of [jurisdiction], with its principal office at [Tenant address] ("Tenant"). Landlord and Tenant are each a "party" and together the "parties."
Background: Landlord owns the Building and the Premises described in this Lease and is willing to lease the Premises to Tenant for business use.
Tenant has inspected the Premises and wishes to lease them from Landlord for its business on the terms set out in this Lease.
The parties therefore agree as follows.
Definitions and Key Terms
"Building" means the building, land, parking areas, common areas and related improvements located at [street address of property], which Landlord owns or controls.
"Premises" means the space inside the Building known as [unit or suite number], on the [floor] floor, with an approximate area of [area and unit of measure]. It includes all fixtures, building systems and equipment that serve only that space.
"Commencement Date" means the earlier of [scheduled commencement date] or the date Tenant first opens for business in any part of the Premises.
"Term" means the period during which this Lease is in effect. It starts on the Commencement Date and ends on the expiry date stated in the Lease Term and Renewal section, as extended by any renewal that is properly exercised, unless this Lease ends earlier under its terms.
"Lease Year" means each period of 12 consecutive months during the Term. The first Lease Year starts on the Commencement Date. If the Commencement Date is not the first day of a month, the first Lease Year also includes the remaining days of that month.
"Base Rent" means the fixed annual rent Tenant must pay for the Premises. The starting amount is set out in the Rent, Deposit, and Fixed Rent Increases section, and it increases as described there.
"Additional Rent" means every amount, other than Base Rent, that Tenant must pay to Landlord under this Lease. This includes Tenant's share of operating expenses, property taxes and insurance costs, as well as late charges, interest and costs Landlord recovers from Tenant. Base Rent and Additional Rent together are called "Rent."
"Security Deposit" means the amount Tenant gives Landlord as security for Tenant's performance of this Lease, as described in the Rent, Deposit, and Fixed Rent Increases section.
"Fit-Out Works" means all work needed to prepare the Premises for Tenant's business. This includes partitions, finishes, fixtures, cabling, signage, and any changes to electrical, plumbing, mechanical or other systems that Tenant carries out before or after the Commencement Date.
The Premises and Permitted Use
Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, for the Term and on the terms of this Lease.
Tenant accepts the Premises in their "as is, where is" condition on the date Landlord delivers possession. Landlord makes no promise about the condition of the Premises or their suitability for Tenant's business. Landlord has no duty to do any work to prepare the Premises.
The stated area of the Premises is approximate. If the actual area turns out to be different, Rent will not change and neither party may end this Lease because of the difference.
Tenant, its employees and its visitors may use the common areas of the Building, such as entrances, lobbies, hallways, restrooms and [parking: number of spaces or "unreserved parking"], together with other occupants. Tenant may use them only for their intended purpose and must follow Landlord's rules. Landlord may change, reduce, close or relocate common areas at any time, provided Tenant keeps reasonable access to the Premises.
Tenant may use the Premises only for [describe permitted business use] (the "Permitted Use") and for no other purpose without Landlord's prior written consent. Landlord does not promise that the Permitted Use is allowed under zoning or other rules.
At its own cost, Tenant must obtain and keep current all licenses, permits and approvals needed for the Permitted Use. Tenant must also follow all laws, regulations and orders of public authorities that apply to its use and occupancy of the Premises.
Tenant must not do anything in or around the Premises that creates a nuisance, disturbs other occupants, overloads floors or building systems, or increases Landlord's insurance premiums. Tenant must not bring any hazardous or toxic substances into the Building, except small amounts of ordinary office or cleaning supplies that are stored and used lawfully.
Repairs and Maintenance
Tenant is responsible, at its own cost, for all repairs, maintenance and replacements to the Premises. This includes the interior, walls, floors, ceilings, doors, windows, glass, fixtures, and all building systems serving only the Premises, such as heating, ventilation, air conditioning, plumbing, electrical and fire safety systems. Tenant must keep the Premises in good, safe and clean condition at all times.
Tenant must also pay for the repair of any damage to the Building, including its structure, roof and shared systems, that is caused by Tenant, its employees, contractors, visitors, or its use of the Premises.
Tenant must keep a maintenance contract with a qualified contractor approved by Landlord for the regular servicing of the heating, ventilation and air conditioning equipment serving the Premises. Tenant must give Landlord a copy of the contract and service records whenever Landlord asks.
All repairs and replacements must be done promptly, in a good and workmanlike way, using materials of at least the same quality as the originals, and by contractors approved by Landlord. Any work affecting structure or shared systems also needs Landlord's prior written approval.
Landlord maintains the common areas, the structure and the roof of the Building, except for damage that Tenant must pay for under this section. Landlord's costs for this work are operating expenses that Tenant pays a share of as Additional Rent.
If Tenant fails to make a required repair within [number] days after Landlord gives notice, or immediately in an emergency, Landlord may make the repair. Tenant must then pay Landlord's cost plus an administration fee of [percentage]% as Additional Rent within [number] days after receiving an invoice.
Tenant must report promptly to Landlord any damage, defect, leak or dangerous condition in the Premises or the Building that Tenant becomes aware of.
Lease Term and Renewal
The Term starts on the Commencement Date and ends at 11:59 p.m. on the last day of the [number] Lease Year, unless this Lease ends earlier under its terms.
If Landlord cannot deliver possession of the Premises by any expected date for any reason, Landlord will not be liable to Tenant. This Lease will remain in effect, and the Term will start when Landlord delivers possession. If possession has not been delivered by [outside date], either party may end this Lease by written notice before possession is delivered. In that case, Landlord will return any amounts Tenant prepaid, and neither party will have any further claims.
Landlord may allow Tenant to enter the Premises before the Commencement Date to carry out Fit-Out Works. During any early access, all terms of this Lease apply except the obligation to pay Base Rent, and Tenant must have the insurance required by this Lease in place before entering.
Tenant has [number] option(s) to renew this Lease for a further term of [number] years each. To exercise an option, Tenant must give Landlord written notice no earlier than [number] months and no later than [number] months before the Term would otherwise end. Late notice is not effective.
Tenant may renew only if, both when it gives notice and on the first day of the renewal term, no default is continuing and Tenant itself occupies the whole Premises. The renewal option is personal to the original Tenant named in this Lease.
During any renewal term, all terms of this Lease continue to apply. Base Rent continues to increase under the fixed increase schedule in the Rent, Deposit, and Fixed Rent Increases section, and no further renewal option applies unless one remains unused.
If Tenant stays in the Premises after this Lease ends without Landlord's written agreement, Tenant will be a month-to-month tenant at sufferance. For each month or part month of holdover, Tenant must pay [percentage]% of the monthly Base Rent payable just before the end of the Term, plus all Additional Rent. Tenant must also pay for all losses Landlord suffers because of the holdover, including claims from a new tenant.
Tenant has no right to end this Lease early except as specifically stated in this Lease.
Rent, Deposit, and Fixed Rent Increases
Tenant must pay Base Rent of [amount] per year, in equal monthly installments of [amount] each, in advance on the [day] day of each month, without any request from Landlord. Rent for any partial month at the start or end of the Term will be prorated on a daily basis.
[Optional: Tenant will not owe Base Rent for the first [number] months after the Commencement Date. Tenant must still pay Additional Rent during that period. If Tenant defaults, all Base Rent that was waived becomes immediately due.]
On the first day of the second Lease Year and on the first day of every following Lease Year, Base Rent will increase automatically by [percentage]% over the Base Rent payable during the previous Lease Year. No notice or new agreement is needed. Base Rent will never decrease.
As Additional Rent, Tenant must pay [percentage]% (or a share calculated as [method of calculation]) of all costs Landlord pays to own, operate, insure, manage, repair and maintain the Building. This includes property taxes, insurance premiums, common area services, utilities for common areas, and a management fee of [percentage]% of those costs. Tenant must pay monthly estimates set by Landlord. Within [number] days after the end of each calendar year, Landlord will send a statement of actual costs. Tenant must pay any shortfall within [number] days. Any overpayment will be credited against the next Rent due, or refunded at the end of the Term if no amounts are owed.
Tenant must also pay any sales, use, value-added or similar tax charged on Rent or on any other amount payable under this Lease.
Tenant must pay all Rent in full, by [payment method] to the account Landlord designates, without any deduction, set-off or counterclaim of any kind.
If any Rent is not paid within [number] days after it is due, Tenant must pay a late charge of [percentage]% of the overdue amount. Tenant must also pay interest at [interest rate]% per year, or the highest rate permitted by law if lower, from the due date until payment. Landlord will apply payments first to late charges, interest and costs, and then to Rent.
On signing this Lease, Tenant must pay a Security Deposit of [amount]. Landlord may keep the Security Deposit with its other funds, does not owe interest on it, and may use any part of it to cover unpaid Rent or any loss caused by Tenant's breach. Tenant must restore the Security Deposit to its full amount within [number] days after Landlord uses any of it.
Landlord will return any remaining balance of the Security Deposit to Tenant within [number] days after the later of the end of this Lease or Tenant vacating the Premises in the required condition, after deducting all amounts Tenant owes. If Landlord transfers the Building, Landlord may transfer the Security Deposit to the new owner and will then have no further liability for it.
Tenant Fit-Out and Alterations
Tenant must carry out the Fit-Out Works at its own cost and risk. Landlord will not provide any allowance, contribution or rent concession for Fit-Out Works unless stated otherwise in this Lease.
Before starting any Fit-Out Works or later alterations, Tenant must give Landlord detailed plans and specifications prepared by a licensed architect or engineer, as well as a list of contractors and a work schedule. Tenant may not start work until Landlord approves all of these in writing. Landlord may refuse or impose conditions on any work that affects the structure, roof, exterior, or shared systems of the Building, or the appearance of the Building.
All work must be performed by licensed and insured contractors approved by Landlord, in line with the approved plans, all applicable laws and building codes, and Landlord's construction rules. Tenant must obtain all required permits before starting and must give Landlord copies of final approvals and as-built drawings when the work is complete.
Tenant's contractors must carry liability insurance of at least [amount] and workers' compensation insurance as required by law, with Landlord named as an additional insured. Tenant must provide evidence of this insurance before any work starts.
Tenant must pay Landlord a supervision fee of [percentage]% of the cost of any work, plus any reasonable fees Landlord pays to outside architects or engineers to review the plans.
Tenant must pay all contractors and suppliers on time and must not allow any lien to be filed against the Premises or the Building. If a lien is filed, Tenant must have it removed within [number] days at its own cost. If Tenant fails to do so, Landlord may remove it and recover all costs from Tenant as Additional Rent.
After the Fit-Out Works are complete, Tenant needs Landlord's prior written consent for any further alterations, additions or improvements. Painting, carpeting and similar purely cosmetic work costing less than [amount] in total does not need consent, but Tenant must give Landlord prior notice.
All alterations and improvements, including the Fit-Out Works, become Landlord's property when installed, without any payment to Tenant. At the end of this Lease, Landlord may require Tenant, at Tenant's cost, to remove any of them and restore the Premises to their original condition, fair wear and tear excepted.
Tenant Obligations and Landlord Access
Tenant must arrange and pay for all utilities and services used in the Premises, including electricity, gas, water, telephone, internet and waste removal. Where these are not separately metered, Tenant must pay Landlord a fair share as reasonably determined by Landlord. Landlord is not liable for any interruption or failure of utilities or services.
Tenant must pay, before they become overdue, all taxes and charges on its business, its equipment, furniture, inventory and other personal property in the Premises.
Tenant must keep the Premises clean, free of pests and rubbish, and must not obstruct any common area. Tenant must follow all reasonable rules Landlord issues for the Building from time to time.
Tenant must not install any sign, antenna, awning or other item on the exterior of the Premises or the Building, or visible from outside the Premises, without Landlord's prior written consent. Tenant must remove any approved signage at the end of this Lease and repair any damage.
Tenant must open and operate its business in the Premises continuously during [business hours or "normal business hours"], and must not leave the Premises vacant for more than [number] consecutive days without Landlord's written consent.
Landlord and its agents may enter the Premises at reasonable times on at least [number] hours' notice to inspect them, carry out repairs or works, comply with law, or show the Premises to lenders, buyers or insurers. In an emergency, Landlord may enter at any time without notice, using force if necessary, without liability.
During the last [number] months of the Term, Landlord may show the Premises to prospective tenants and may place "for lease" signs on the Premises.
Tenant will not be entitled to any reduction of Rent, or to any claim for damages or business interruption, because of Landlord's entry or works under this Lease, provided Landlord tries to avoid unreasonable disruption to Tenant's business.
Default and Ending the Lease
Each of the following is an "Event of Default" by Tenant: failing to pay any Rent within [number] days after its due date; failing to perform any other obligation under this Lease within [number] days after Landlord gives written notice; becoming insolvent, making an assignment for the benefit of creditors, or having a bankruptcy, receivership or similar proceeding started by or against Tenant that is not dismissed within [number] days; abandoning the Premises; or attempting to transfer this Lease or the Premises in breach of this Lease. If a breach cannot reasonably be cured within the notice period, Landlord may agree in writing to extend that period.
If an Event of Default occurs, Landlord may end this Lease by written notice to Tenant, retake possession of the Premises by any lawful means, and remove Tenant's property at Tenant's cost.
Whether or not Landlord ends this Lease, Tenant remains liable for all Rent due up to the date of termination or re-entry. Tenant is also liable for all Rent that would have been payable for the rest of the Term, less any net rent Landlord actually receives from reletting. Landlord may recover these amounts monthly as they would have become due, or claim them at once, discounted to present value at [percentage]% per year.
Tenant must also pay all of Landlord's costs arising from the default, including legal fees, collection costs, brokerage fees, repair costs, and the cost of preparing the Premises for a new tenant.
If Tenant fails to perform any obligation, Landlord may, without being required to, perform it on Tenant's behalf after giving any notice required by this Lease. Tenant must repay Landlord's costs plus interest at the rate stated in this Lease as Additional Rent. Landlord's rights in this Lease are in addition to any other rights Landlord has by law. Landlord will make reasonable efforts to relet the Premises only to the extent the law requires.
Landlord is in default only if it fails to perform an obligation within [number] days after receiving written notice from Tenant describing the failure, or longer if more time is reasonably needed. Tenant may not end this Lease, withhold Rent or make any deduction because of a Landlord default. Tenant's only remedy is a claim for actual direct damages.
When this Lease ends, Tenant must vacate and return the Premises to Landlord clean, in good repair, with all keys and access cards, and with all removals and restoration completed as required by this Lease. Any property Tenant leaves behind for more than [number] days after the Lease ends will be treated as abandoned, and Landlord may keep, sell or dispose of it at Tenant's cost.
No Assignment or Subletting
Tenant may not assign, transfer, mortgage or pledge this Lease or any interest in it, in whole or in part, whether voluntarily, by operation of law or otherwise.
Tenant may not sublet all or any part of the Premises. Tenant also may not grant any license, concession or other right to occupy or use any part of the Premises, or share the Premises with any other person or business.
Any direct or indirect change in control of Tenant counts as an assignment and is not allowed. This includes a transfer of [percentage]% or more of Tenant's shares, membership or partnership interests, or voting rights, and any merger, consolidation or reorganization. This clause does not apply to the transfer of shares of a company whose shares are publicly traded on a recognized stock exchange.
Any attempted assignment, sublease or other transfer in breach of this section is void, gives the other person no rights, and is an Event of Default.
If anyone other than Tenant occupies the Premises, Landlord may collect rent from that person without waiving this section, accepting that person as a tenant, or releasing Tenant from any obligation.
Landlord may sell, assign or transfer the Building, the Premises or this Lease at any time without Tenant's consent. Once the new owner takes over Landlord's obligations, the transferring Landlord is released from all obligations under this Lease that arise after the transfer.
Insurance and Liability
From the earlier of the Commencement Date or Tenant's first entry into the Premises, and throughout the Term, Tenant must maintain at its own cost: commercial general liability insurance of at least [amount] per occurrence and [amount] in aggregate; property insurance covering the full replacement cost of the Fit-Out Works, alterations, equipment, inventory and other property in the Premises; business interruption insurance covering at least [number] months of Rent; and workers' compensation and employer's liability insurance as required by law.
All of Tenant's insurance must be issued by insurers reasonably acceptable to Landlord, name Landlord and any party Landlord designates as additional insureds on the liability policies, be primary to any insurance Landlord carries, and require [number] days' prior notice to Landlord of cancellation. Tenant must give Landlord certificates of insurance before entering the Premises and again on each renewal of the policies.
Landlord will insure the Building, excluding Tenant's property and the Fit-Out Works, for the risks and amounts Landlord decides. The premiums are an operating expense that Tenant pays a share of as Additional Rent.
To the extent permitted by law and by their insurance policies, Landlord and Tenant each waive all claims against the other for any loss or damage to property that is covered, or that is required by this Lease to be covered, by property insurance. Each party must obtain any waiver of subrogation from its insurers that this clause requires.
Tenant must defend, indemnify and hold harmless Landlord, its owners, managers, employees, lenders and agents from and against all claims, losses, damages, fines and costs, including legal fees, arising from Tenant's use or occupancy of the Premises, the acts or omissions of Tenant or its employees, contractors or visitors, or any breach of this Lease by Tenant. This obligation does not apply to the extent a loss is caused by Landlord's gross negligence or willful misconduct, and it continues after this Lease ends.
Landlord is not liable for any injury, loss or damage to Tenant or its property, or for any loss of business or profits, unless caused by Landlord's gross negligence or willful misconduct. Landlord is never liable for indirect, consequential or punitive damages. Landlord's total liability under this Lease is limited to its interest in the Building, and Tenant may not recover any judgment from Landlord's other assets.
If the Premises or the Building are damaged by fire or other casualty, Landlord may end this Lease by notice within [number] days after the damage if it decides not to rebuild, if the repair will take more than [number] days, or if insurance proceeds are insufficient. If Landlord does not end this Lease, Landlord will repair the base building, and Tenant must restore the Fit-Out Works and its property promptly at its own cost. Rent will be reduced in proportion to the unusable area only to the extent Landlord receives rent-loss insurance proceeds, and only if the damage was not caused by Tenant.
If all or a substantial part of the Premises or the Building is taken by a public authority for public use, Landlord may end this Lease by notice. All compensation for the taking belongs to Landlord, but Tenant may make its own separate claim for moving costs and its own movable property, as long as that claim does not reduce Landlord's award.
Governing Law and Dispute Resolution
This Lease is governed by the laws of [jurisdiction], without regard to its conflict of laws rules.
If a dispute arises under this Lease, the parties will first try in good faith to resolve it through discussions between senior representatives within [number] days after either party gives written notice of the dispute.
If the dispute is not resolved through these discussions, either party may bring proceedings in the courts located in [city/county/region where the Building is located], and each party agrees to the exclusive jurisdiction of those courts.
Nothing in this section prevents Landlord from immediately starting proceedings to recover possession of the Premises, collect Rent, or obtain an urgent injunction or similar order, without first going through the discussion process.
Tenant must keep paying all Rent in full while any dispute is ongoing, including any amount that is in dispute.
The party that wins any legal proceeding arising from this Lease may recover its reasonable legal fees and costs from the other party.
To the extent permitted by law, each party waives its right to a jury trial in any proceeding arising from this Lease or the Premises.
General Terms
All notices under this Lease must be in writing and delivered by hand, by recognized courier, or by email with a confirmation copy sent by courier, to the addresses listed in the signature section, or to any other address a party gives by notice. A notice is effective when delivered, or when delivery is refused.
This Lease is the entire agreement between the parties about the Premises and replaces all earlier discussions, offers and agreements. Tenant has not relied on any statement or promise by Landlord or its agents that is not written in this Lease. This Lease may only be changed by a written document signed by both parties.
If any part of this Lease is found invalid or unenforceable, the rest of this Lease remains in full effect, and the invalid part will be applied to the greatest extent the law allows.
Landlord's failure or delay in enforcing any term, or its acceptance of Rent with knowledge of a breach, does not waive that term or breach. A waiver is effective only if Landlord gives it in writing.
This Lease is subordinate to any current or future mortgage or ground lease on the Building. Within [number] days after Landlord requests, Tenant must sign any document confirming this subordination, and must also sign a statement confirming the status of this Lease, the Rent paid, and whether any defaults exist.
As long as Tenant pays Rent and performs its obligations, Tenant may peacefully occupy the Premises during the Term without interference from Landlord, subject to the terms of this Lease.
Each party confirms that it has not dealt with any real estate broker for this Lease other than [broker name, or "none"]. Tenant will indemnify Landlord against any claim by any other broker claiming through Tenant.
Time is of the essence for all of Tenant's obligations under this Lease. Tenant must not record this Lease or any summary of it in any public registry without Landlord's written consent. Tenant must keep the terms of this Lease confidential, except for disclosures to its professional advisers or as required by law.
This Lease binds and benefits the parties and their permitted successors. It may be signed in counterparts and by electronic signature, and each signed copy counts as an original. This Lease does not bind Landlord until both parties have signed it and Landlord has delivered a signed copy to Tenant.
The parties have signed this Commercial Lease Agreement on the dates shown below, to take effect on the Effective Date.
LANDLORD
[Landlord legal name]
Address for notices: [Landlord notice address]
Email: [Landlord email]
Signature: ______________________________
Name: [name of authorized signatory]
Title: [title]
Date: [date]
TENANT
[Tenant legal name]
Address for notices: [Tenant notice address]
Email: [Tenant email]
Signature: ______________________________
Name: [name of authorized signatory]
Title: [title]
Date: [date]
[Optional: GUARANTOR
[Guarantor name]
Address: [Guarantor address]
Signature: ______________________________
Date: [date]]