Letter of Commercial Lease : Please fill out the following form. Please print your completed form if you would like to have a copy for your records.
This lease is made between (name of the landlord) herein called Lessor (Landlord) and (name of the tenant) herein called Lessee (Tenant).
Lessee hereby offers to lease from Lessor the premises situated in the City of (City's name), County of (name of the county), State of (State's name), described as (Description of the premise leased out) upon the following TERMS and CONDITIONS :
1. TERM AND RENT. Lessor demises the above premises for a term of 10 years, commencing (date with year) and terminating on (date with year) or sooner as provided herein at the annual rental of 1200 Dollars ($ 1200) payable in equal installments in advance on the first day of each month for that month’s rental, during the term of this lease. All rental payments shall be made to Lessor, at the address specified above.
2. USE. Lessee shall use and occupy the premises for (Reason for which the premise is leased). The premises shall be used for no other purpose. Lessor represents that the premises maylawfully be used for such purpose.
3. CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls, structural foundations, and :
Exceptions to care and maintenance if any
which shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, lawns and shrubbery, which wouldotherwise be required to be maintained by Lessor.
4. ALTERATIONS. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions or improvements, in, to or about the premises.
5. ORDINANCES AND STATUTES. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force or which may hereafterbe in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee.
6. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or sublet anyportion of the premises without prior written consent of the Lessor, which shall not beunreasonably withheld. Any such assignment or subletting without consent shall be void and, atthe option of the Lessor, may terminate this lease.
7. U T I L I T I E S. All applications and connections for necessary utility services on thedemised premises shall be made in the name of Lessee only, and Lessee shall be solely liable forutility charges as they become due, including those for sewer, water, gas, electricity, andtelephone services.
8. E N T RY AND INSPECTION. Lessee shall permit Lessor or Lessor’s agents to enterupon the premises at reasonable times and upon reasonable notice, for the purpose of inspectingthe same, and will permit Lessor at any time within sixty (60) days prior to the expiration of thislease, to place upon the premises any usual “To Let” or “For Lease” signs, and permit personsdesiring to lease the same to inspect the premises thereafter.
9. P O S S E S S I O N. If Lessor is unable to deliver possession of the premises at thecommencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall thislease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered.Lessee may terminate this lease if possession is not delivered within 30 days of the commencement of the term hereof.
10. INDEMNIFICATION OF LESSOR. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claim for damages, no matter howcaused.
11. I N S U R A N C E. Lessee, at his expense, shall maintain plate glass and public liabilityinsurance including bodily injury and property damage insuring Lessee and Lessor withminimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additionalinsured. The Certificate shall provide for a ten-day written notice to Lessor in the event ofcancellation or material change of coverage. To the maximum extent permitted by insurancepolicies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of eachother, waive any and all rights of subrogation which might otherwise exist.
12. EMINENT DOMAIN. If the premises or any part thereof or any estate therein, or anyother part of the building materially affecting Lessee’s use of the premise, shall be taken byeminent domain, this lease shall terminate on the date when title vests pursuant to such taking.The rent, and any additional rent, shall be apportioned as of the termination date, and any rentpaid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled toany part of the award for such taking or any payment in lieu thereof, but Lessee may file a claimfor any taking of fixtures and improvements owned by Lessee, and for moving expenses.
13. DESTRUCTION OF PREMISES. In the event of a partial destruction of the premisesduring the term hereof, from any cause, Lessor shall forthwith repair the same, provided thatsuch repairs can be made within sixty (60) days under existing governmental laws andregulations, but such partial destruction shall not terminate this lease, except that Lessee shall beentitled to a proportionate reduction of rent while such repairs are being made, based upon theextent to which the making of such repairs shall interfere with the business of Lessee on thepremises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, maymake the same within a reasonable time, this lease continuing in effect with the rentproportionately abated as aforesaid, and in the event that Lessor shall not elect to make suchrepairs which cannot be made within sixty (60) days, this lease may be terminated at the optionof either party. In the event that the building in which the demised premises may be situated isdestroyed to an extent of not less than one-third of the replacement costs thereof, Lessor mayelect to terminate this lease whether the demised premises be injured or not. A total destructionof the building in which the premises may be situated shall terminate this lease.
14. LESSOR’S REMEDIES ON DEFAULT. If Lessee defaults in the payment of rent, orany additional rent, or defaults in the performance of any of the other covenants or conditionshereof, Lessor may give Lessee notice of such default and if Lessee does not cure any suchdefault within 20 days, after the giving of such notice (or if such other default is of suchnature that it cannot be completely cured within such period, if Lessee does not commence suchcuring within such 20 days and thereafter proceed with reasonable diligence and ingood faith to cure such default), then Lessor may terminate this lease on not less thandays’ notice to Lessee. On the date specified in such notice the term of this lease shallterminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shallremain liable as hereinafter provided. If this lease shall have been so terminated by Lessor,Lessor may at any time thereafter resume possession of the premises by any lawful means andremove Lessee or other occupants and their effects. No failure to enforce any term shall bedeemed a waiver.
15. SECURITY DEPOSIT. Lessee shall deposit with Lessor on the signing of this lease thesum of (Amount)Dollars ($ _______) as security deposit for the performance of Lessee’s obligations under thislease, including without limitation the surrender of possession of the premises to Lessor asherein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lesseeshall on demand deposit with Lessor the amount so applied so that Lessor shall have the fulldeposit on hand at all times during the term of this lease.
16. TAX INCREASE. In the event there is any increase during any year of the term of thislease in the City, County or State real estate taxes over and above the amount of such taxesassessed for the tax year during which the term of this lease commences, whether because ofincreased rate or valuation, Lessee shall pay to Lesser upon presentation of paid tax bills anamount equal to 10 % of the increase in taxes upon the land and building in which theleased premises are situated. In the event that such taxes are assessed for a tax year extendingbeyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of thelease term included in such year.
17. COMMON AREA EXPENSES. In the event the demised premises are situated in ashopping center or in a commercial building in which there are common areas, Lessee agrees topay his pro-rata share of maintenance, taxes, and insurance for the common area.
18. ATTORNEY’S FEES. In case suit should be brought for recovery of the premises, or forany sum due hereunder, or because of any act which may arise out of the possession of thepremises, by either party, the prevailing party shall be entitled to all costs incurred in connectionwith such action, including a reasonable attorney’s fee.
19. WA I V E R. No failure of Lessor to enforce any term hereof shall be deemed to be awaiver.
20. NOTICES. Any notice which either party may, or is required to give, shall be given bymailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address firstwritten, or at such other places as may be designated by the parties from time to time.
21. HEIRS, ASSIGNS, SUCCESSORS. This lease is binding upon and inures to the benefitof the heirs, assigns and successors in interest to the parties.
22. OPTION TO RENEW. Provided that Lessee is not in default in the performance of thislease, Lessee shall have the option to renew the lease for an additional term of 36months commencing at the expiration of the initial lease term. All of the terms andconditions of the lease shall apply during the renewal term except that the monthly rent shallbe the sum of $ _____________. The option shall be exercised by written notice given to Lessor notless than 10 days prior to the expiration of the initial lease term. If notice is not given in themanner provided herein within the time specified, this option shall expire.
23. SUBORDINATION. This lease is and shall be subordinated to all existing and futureliens and encumbrances against the property.
24. RADON GAS DISCLOSURE. As required by law, (Landlord) makes the followingdisclosure: “Radon Gas” is a naturally occurring radioactive gas that, when it has accumulated ina building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in (Sate's name). Additional information regarding radon and radon testing may beobtained from your county public health unit.
25. ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between theparties and may be modified only by a writing signed by both parties. The following Exhibits, ifany, have been made a part of this lease before the parties’ execution hereof :(description of exhibits attached if any)
Lessor - Landlord :
Lessee - Tenant :
Letters used in Leases and Tenancies Index
Letter of Commercial Lease
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