Commercial Lease Agreement for Virginia


This COMMERCIAL RENTAL AGREEMENT FOR _____________ (hereinafter the "Agreement") is entered into on ______________________ by and between _____________ (hereinafter "Landlord") and _____________ (hereinafter "Tenant") (each a "Party" to this Agreement and collectively the "Parties").


WHEREAS, Landlord manages certain real property situated at _____________, _____________, _____________ _____________ (hereinafter referred to as the "Premises"). Landlord's business address is _____________, _____________, _____________ _____________;

WHEREAS, The Parties desire that Tenant rent the Premises from Landlord upon the terms and conditions as contained herein;

NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows:

    1. An "Alteration" means any change or improvement to the physical structure or materials comprising the Premises besides mere decorative changes that can quickly and easily be restored to their original states.
    2. "Common Areas" means those areas on the property that are not leased to individual tenants and are available for use by all tenants and other occupants of the property and Landlord maintains control and responsibility over.
    3. A "Fixture" means a moveable item of personal property (a chattel), including trade fixtures, that becomes part of the property by reason of being attached thereto and cannot easily be removed without damaging or requiring repair of the property.
    4. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, if any.
    5. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors.
  2. TERM. This Agreement is for the renting of the above-described Premises Tenant may take possession prior to the beginning of the term only upon receiving prior consent from Landlord.
  3. RENT. Tenant agrees to pay Landlord rent in the amount of due The first rental payment will be due on _____________. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff, or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following location(s):

  4. PAYMENT METHODS ACCEPTED. Landlord reserves the right to change the payment methods accepted at any time by giving notice to Tenant. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment:
  5. KEYS. Landlord may charge Tenant a reasonable, nonrefundable lost key fee for each key lost by Tenant that Landlord must replace during or at the termination of the tenancy.
  6. KEEPING ANIMALS. Tenant may not keep any animals on the Premises without Landlord's prior written consent. Any nonrefundable animal deposit received by Landlord, if applicable, will be used upon the termination or expiration of this Agreement for the purposes of cleaning or repairing damage caused by a animal in the unit or Common Areas of the Premises. The rules in this paragraph may be changed at a later time by written agreement between Landlord and Tenant.
  7. SMOKING POLICY. No smoking of any substance is allowed on the Premises without Landlord's prior written consent. Smoking in Common Areas is permitted only if posted signage creating designated smoking areas is present.
  8. USE OF PREMISES; OCCUPANTS. The Premises must only be used and occupied by Tenant and Tenant's employees, agents, contractors, invitees, guests, servants, visitors, licensees, or subtenants. During the term of this Agreement, the Premises will be used solely for carrying on Tenant's business and ancillary uses thereto in compliance with applicable laws, bylaws, and regulations relative to the Premises and to the business conducted thereon (the "Permitted Use"). Tenant must obtain Landlord's prior written consent to use the Premises for any use not considered a Permitted Use. Tenant will carry on business under its current name and will not change its name without the prior written consent of Landlord. If Tenant's business requires opening the Premises to the public, then the Premises must be fully furnished, stocked, staffed, and organized as of the date of opening and remain so throughout the remainder of the term. Tenant must continually occupy and use the entire Premises in conducting its business in a reputable manner and on such days and during such hours as agreed upon with Landlord. Furthermore, Tenant must not allow others to occupy or use the Premises or any part thereof for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. Tenant must conduct all business in compliance with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises, and must promptly comply with all orders, regulations, requirements, and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage, or injury, at Tenant's own cost and expense. Tenant is responsible for contacting Landlord, local authorities, a licensed attorney, or the owners association, if any, regarding any laws and regulations that it may have questions regarding.
  9. CONDITION OF PREMISES. Tenant stipulates, represents, and warrants that Tenant has examined the Premises, and that the Premises and any Furnishings thereon are at the time of this Agreement in good order, repair, and in a safe, clean, and tenantable condition. Tenant will give Landlord written notice, including photographic and/or video evidence, within five (5) days after the beginning of the agreement of any portion of the Premises found to not be in such good condition. Landlord reserves the option of incorporating a Move-In/Move-Out Inspection Checklist within this timeframe to serve as evidence of the condition of the Premises at move-in and move-out.
  10. ASSIGNMENT, SUBLETTING, AND RELEASE. Tenant may not assign this Agreement or sublet or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Tenant's assignment or subletting will not relieve Tenant of any right or obligation hereunder unless Landlord signs a written release to such effect. Consent by Landlord to one such assignment, subletting, or license will not be deemed to be consent to any subsequent assignment, subletting, or license. An assignment, subletting, or license without the prior written consent of Landlord or an assignment or subletting by operation of law will be absolutely null and void and will, at Landlord's option, terminate this Agreement.
  11. FURNISHINGS; LANDLORD'S PROPERTY. Unless otherwise agreed by Landlord in a signed writing, all Furnishings and other property owned by Landlord or provided to Tenant by Landlord, if any, will remain Landlord's property at all times, whether or not such property is existing upon the property at the start of this Agreement. Tenant agrees not to damage or misuse any Furnishings or other property owned or provided by Landlord and to return all such property to Landlord at the termination of this Agreement.
  12. FIXTURES AND ALTERATIONS. Tenant may not add or remove any Fixtures or Alterations on the Premises without the prior written consent of Landlord. Landlord will give consent in a timely manner so as to not disrupt Tenant's business operations, and such consent may not be unreasonably withheld. If Tenant adds or removes a Fixture or Alteration with Landlord's consent, Tenant is responsible for repairing any damage to the Premises that may occur as a result of such addition or removal. Landlord reserves the right to require that Tenant remove any Fixtures or Alterations installed by Tenant from the Premises upon the termination of this Agreement. Unless otherwise agreed in writing with Landlord, all of Tenant's Fixtures, Alterations, or personal property remaining on the Premises after the termination of this Agreement will become the property of Landlord at the termination of the Agreement—as such, Tenant will pay the cost of removal of any such property so remaining on the Premises. Examples of Fixtures include, without limitation, attached shelves, lighting, curtains, blinds, booths, bars, fences, sign posts, trees, and shrubs. Examples of Alterations include, without limitation, altering the surfaces of the Premises in any way (for example painting, wallpapering, carpeting, or changing the material of the flooring) or performing any structural alterations (for example adding or removing walls, adding or removing windows or doors, changing the material of any facade or flooring, or adding or removing support beams).
  13. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the rental term, through no fault of Landlord or its agents, then Landlord or its agents will have no liability, but the rental payments herein provided will abate until possession is given. Landlord or its agents will have thirty (30) days to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rent due starting from the date possession is tendered. In the event that possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder will terminate.
  14. TENANT CONDUCT AND RESPONSIBILITIES. Unless otherwise stated, Tenant will, at its sole expense, keep and maintain the Premises in good and sanitary condition and repair during this Agreement and any renewal thereof. Excessive damage to the Premises by Tenant, invitees, agents, or guests is grounds for Landlord to evict Tenant. Tenant's responsibilities include, without limitation, the following items, and any departure therefrom requires Landlord's prior written consent:
    1. Keeping all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair
    2. Not building any fires or using grills on the Premises except in areas designated for such purposes by Landlord
    3. Not obstructing or covering the windows or doors
    4. Not tampering or disabling any smoke detectors installed on the Premises, and contacting Landlord for instructions on how to proceed should any smoke detectors become disabled or need new batteries
    5. Not altering, rekeying, or installing any locks on the Premises, or painting or wallpapering the Premises
    6. Not using or possessing any liquid-filled furniture, including, but not limited to, waterbeds and aquariums, on the Premises
    7. Not permitting waste matter of any kind to accumulate on the Premises or in the Common Areas
    8. Keeping all air conditioning filters on the Premises clean and free from dirt and debris
    9. Keeping all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and using the same only for the purposes for which they were constructed
    10. Maintaining order at all times and at all places on the Premises and Common Areas, and not making or permitting others to make any loud or improper noises, disturb other tenants, or otherwise create a nuisance by interfering with the quiet enjoyment of other tenants or those in the surrounding area
    11. Notifying Landlord of any damage or of any situation that may significantly interfere with the normal use of the Premises or property furnished by Landlord
    12. Keeping all radios, television sets, stereos, etc. turned down to a level of sound that does not annoy or interfere with other tenants or persons on adjacent properties
    13. Making all requests concerning security devices in writing
    14. Abiding by any and all rules and regulations affecting the Premises or the Common Areas appurtenant thereto that may be adopted or promulgated by Landlord or other entity having authority over the unit
  15. MAINTENANCE AND REPAIR; LANDLORD RESPONSIBILITIES. In addition to any responsibilities required by law, Landlord agrees to maintain the Premises in a safe and tenantable condition; facilitate making any repairs required in order for the Premises to be in compliance with applicable building codes, with such costs being borne by Landlord unless the repairs were necessitated by the negligence or intentional acts of Tenant; and maintain, repair, and replace, whenever necessary, the heating, plumbing, air conditioning, and electrical systems of the Common Areas.
  16. TENANT'S RIGHT TO WITHHOLD RENT; OTHER REMEDIES. Where a repair is the responsibility of Landlord, Tenant must notify Landlord with a written notice stating what item needs servicing or repair. Tenant must give Landlord a reasonable opportunity to service or repair said item. Tenant acknowledges that rent will not be withheld unless a written notice has been served on Landlord at the appropriate location, giving Landlord a reasonable time to fix said item, and Tenant has otherwise complied with all applicable procedures required under state law. Under no circumstances may Tenant withhold rent. Reasonable notice will in no case be less than thirty (30) days but in emergency situations, Tenant will provide notice as soon as possible. Tenant may have other remedies available when Landlord fails to repair a problem that materially affects the physical health or safety of an ordinary tenant. These rights include the right to repair and deduct; terminate the Agreement; and obtain a judicial order that Landlord make the repair, reduce the rent, pay Tenant damages (including a civil penalty), and pay Tenant's court and attorney's fees.
  17. EXCESSIVE DAMAGE TO PREMISES. Excessive damage to the Premises or any of Landlord's property by Tenant, invitees, agents, or guests will be grounds for Landlord to evict Tenant. Should a portion of the Premises thereby be rendered untenantable, Landlord will have the option of either repairing such injured or damaged portion or terminating this Agreement. Should a portion of the Premises thereby be rendered unfit for occupancy, Landlord will have the option of either repairing such injured or damaged portion or terminating this Agreement.
  18. OBLIGATION TO NOTIFY. Upon receiving notice thereof, Tenant will immediately notify Landlord of any defects, accidents, events, circumstances, conditions, or hazards on the Premises or any systems thereof that have caused, are causing, or may potentially cause injury or damage to the Premises or any person or property located therein or nearby. Tenant will notify Landlord by all instantaneous methods of communication available, including phone, email, mobile texting, fax, in person, or otherwise.
  19. CONSTRUCTIVE EVICTION. When conditions beyond Tenant's control cause the Premises to become wholly unfit for tenancy due to damage by fire, water, nuisance, or other casualty, and Landlord is responsible for remedying those conditions but does not do so within a reasonable time after notification by Tenant, Tenant may vacate the Premises, terminate this Agreement, and withhold future rent. Tenant may also choose to pay a proportionate share of the rent according to the nature and extent of the damage sustained until the Premises has been rebuilt or made fit for the purpose of carrying on Tenant's business as conducted before the event causing the Premises to be unfit. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period that Tenant is constructively evicted.
  20. INSURANCE. It is acknowledged that, unless otherwise noted, Landlord does not maintain insurance to cover Tenant's personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of God, and/or any other causes. Landlord is not responsible for any loss or damage to property owned by Tenant or Tenant's guests or invitees unless resulting from Landlord's intentional or negligent acts. Tenant must maintain any and all insurance required by law during the term of the Agreement.
    1. It is acknowledged that Landlord highly recommends that, at a minimum, Tenant carry insurance for fire, extended coverage, and liability to cover accidental injury and damage or loss of personal property and/or vehicle due to fire or theft.
  21. INSURANCE POLICIES. Tenant will provide Landlord with copies of all insurance policies required by this Agreement on the date of commencement of the term or when otherwise agreed in writing. Tenant will provide Landlord with thirty (30) days' notice of any potential cancellation or material change that is to occur in an insurance policy required to be maintained by this Agreement. Tenant may not cause, allow, or omit to do anything on the Premises or in Common Areas that increases the rate of Landlord's insurance on the Premises or causes Landlord's insurance to become subject to cancellation without prior written consent of Landlord. Without waiving the foregoing statement, upon demand by Landlord, Tenant will pay the cost of an increase in such insurance occasioned by reason of Tenant's act, allowance, or omission. Tenant will also promptly cease and remedy all activity that caused an increase in such insurance. Landlord has the right to terminate this Agreement if Tenant's act, allowance, or omission causes a cancellation of Landlord's insurance or causes Landlord's policy to become subject to cancellation.
  22. ENTRY OF PREMISES. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement, and any renewal thereof, to enter the Premises for the purposes of making any inspections, repairs, or improvements as may be deemed appropriate by Landlord or required by law; to supply agreed services; in order to show it to prospective tenants, purchasers, or lenders; to address an emergency; or as provided otherwise herein. Tenant agrees to make the Premises available to Landlord or Landlord's agents for such purposes. At all times Landlord must be provided with the keys, codes, or other items necessary for unlocking all locks and devices permitting entry. Tenant further agrees to seek permission from Landlord in writing if Tenant seeks to install any security or burglar alarm system and, if granted, to provide instructions on how to disarm such systems in case an emergency entry is required.
    1. Notice Required. No advance notice is required for entry if Tenant requests maintenance, repairs, or improvements. In the event that Landlord reasonably believes that an emergency exists, such as a fire or serious damage or serious danger to the continued welfare of the Premises, or reasonably believes that the Premises has been abandoned, Landlord will not be required to provide Tenant with advance notice before entering the property. In all other situations, Landlord is required to provide reasonable written notice in compliance with state law prior to entry.
  23. SUBORDINATION OF AGREEMENT. This Agreement and Tenant's interest hereunder are and will be subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises by Landlord.
  24. LIENS AND ENCUMBRANCES. Tenant must obtain Landlord's written consent prior to causing any work to be done on the property that could result in any lien or encumbrance on an ownership interest in the property, and Tenant is responsible for paying the cost of all such work unless otherwise agreed in writing. Tenant covenants that it will not cause any liens or encumbrances on the Premises without Landlord's written consent, and will indemnify, defend, and hold Landlord harmless against any claim, loss, or other expense that may arise out of any such materials or services rendered. If any mechanical, construction, or other liens are created or filed against the Premises by reason of labor performed or materials furnished for Tenant in the erection, construction, completion, alteration, repair, or addition to any building or improvement, Tenant will upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure to do so will entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Agreement, in addition to such as are permitted by law.
  25. TERMINATION; TENANT'S HOLD OVER. Either Landlord or Tenant may terminate this tenancy by serving the appropriate amount of notice in compliance with state law. Failure of Tenant to provide appropriate written notice to terminate this tenancy will result in Tenant's continuing obligation under this Agreement for an additional period.
  26. SURRENDER OF PREMISES. Upon the termination or expiration of the Agreement, Tenant must surrender the Premises in the same state and condition as it was at the commencement of this Agreement, except that Tenant will not be responsible for damage due to reasonable wear and tear or damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant or Tenant's invitees, visitors, licensees, or subtenants. Landlord may keep all abandoned property left behind by Tenant or remove such property at Tenant's expense.
  27. RENT AND OTHER ADJUSTMENTS TO THE AGREEMENT. Landlord reserves the right to adjust the amount of the rental payments or any terms under this Agreement upon providing thirty (30) days' notice by serving Tenant with written notice by certified mail.
  28. QUIET ENJOYMENT. If Tenant remains in compliance with the terms of this Agreement, Landlord covenants that Tenant will peacefully and quietly have, hold, and enjoy the Premises. Note: Landlord promises to notify Tenant in the event that Landlord has applied for a permit to demolish the rental unit or in the event there are outstanding inspection orders, condemnation orders, foreclosure proceedings, or declarations that the property is unfit.
  29. INDEMNIFICATION. Landlord will not be liable and Tenant hereby waives all claims against Landlord for any damage to any property or any injury in or about the Premises by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or willful misconduct of Landlord or its agents, employees, or contractors. Tenant will defend, indemnify, and hold Landlord harmless from and against any and all losses, claims, liabilities, or costs (including court costs and attorney's fees) incurred by reason of (a) any damage to any property or any injury occurring in, on, or about the Premises to the extent that such injury or damage is caused by or arises from any act or omission of Tenant, its agents, servants, invitees, or visitors; (b) Tenant's failure to comply with any and all governmental laws, ordinances, and regulations applicable to the condition or use of the Premises or its occupancy; or (c) any breach or default on the part of Tenant in the performance of this Agreement. The provisions of this paragraph will survive the termination of this Agreement with respect to any claims or liability accruing prior to such termination.
  30. ATTORNEY'S FEES; JURY TRIALS. In the event any dispute arises between Landlord and Tenant concerning this Agreement that results in litigation, the losing Party will pay the prevailing Party's reasonable attorney's fees and court costs, which will be determined by the court and made a part of any judgment.

    It is acknowledged, between the Parties that jury trials significantly increase the costs of any litigation between the Parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, ALL PARTIES WAIVE THEIR RIGHTS TO HAVE ANY MATTER UNDER THIS AGREEMENT SETTLED BY JURY TRIAL.
  31. INTEREST AND COSTS FOR NON-PERFORMANCE. Until all outstanding monies owed to Landlord are paid in full, Tenant will pay Landlord monthly interest and other costs associated suffered by Landlord due to Tenant's failure to pay any monies owed under this Agreement as they become due. Interest will be calculated based on the prime rate established by Landlord's bank plus the greater of one percent (1%) per annum and the maximum rate allowed by law.
  32. REIMBURSEMENT. If Tenant fails or refuses to comply with any of the terms and conditions of this Agreement, Landlord may carry out and perform such conditions at the cost and expense of Tenant, which amounts will be payable on demand to Landlord.
  33. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord will provide Tenant with the appropriate written eviction notice as specified under state law and under which Tenant may have a limited number of days to cure the default unless otherwise excepted or agreed. Tenant's sole remedy for default or failure to perform obligations under this Agreement by Landlord is rescission. Unless otherwise agreed in writing, it is a default under this Agreement if any of the following occur: bankruptcy proceedings are instituted by or against Tenant's business, a receiver or trustee is appointed to manage all or substantially all of Tenant's business estate by reason of insolvency, Tenant assigns all or substantially all of Tenant's business estate for the benefit of its creditors, or Tenant prematurely vacates or abandons the Premises.
  34. NON-WAIVER OF RIGHTS. Landlord's failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, will not be deemed a waiver by Landlord of such condition or right. Landlord's acceptance of rent with knowledge of any default under agreement by Tenant will not be deemed a waiver of such default, nor will it limit Landlord's rights with respect to that or any subsequent right. Notwithstanding any language in this Agreement to the contrary, none of Tenant's goods, equipment, Fixtures, or other chattels on the Premises are exempt from levy by Landlord's distress. Tenant hereby waives all rights of redemption and relief from forfeiture under law or equity now or hereafter existing that may result from Landlord's exercise of its right of distress.
  35. EXTENDED ABSENCE. Tenant must notify Landlord of an anticipated extended absence from the Premises that will be in excess of seven (7) days; however, the notice may be given as soon as reasonably possible after Tenant knows the absence will exceed seven (7) days.
  36. ABANDONMENT; EVICTION. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, or if Tenant is evicted, Tenant will remain liable for any loss of rent for the remainder of the rental term, and Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law without becoming liable to Tenant for damages or for any payment of any kind whatsoever. At this point, Landlord may pursue any remedies available at law, include re-letting the Premises for the remainder of the then unexpired term.
  37. NOTICE. Any notice, service of process, or demands required or permitted under this Agreement or under law will be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:

    _____________, _____________ _____________

    _____________, _____________ _____________

    Landlord and Tenant each have the right from time to time to change the place of notice by giving the other Party written notice of this change. Tenant must immediately notify Landlord or the manager of the Premises in person or at the above address of any emergencies, dangerous conditions, or defects in and about the Premises of which Tenant becomes aware.
  38. TELEPHONE NUMBERS. Tenant agrees to notify Landlord within five calendar days of any change in Tenant's telephone number.
    1. Entire Agreement. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant in executing and delivering this Agreement is not relying upon, any warranties, representations, promises, or statements, except to the extent that they are expressly set forth in this Agreement. It is understood and agreed that all understandings and agreements of the Parties are merged into this Agreement, which alone fully and completely expresses their agreements.
    2. Relationship of the Parties. Nothing contained herein creates any business relationship or any other type of relationship between the parties other than a landlord-tenant relationship.
    3. Survival of Tenant's Obligations. All of Tenant's obligations and covenants arising by or during the term of this Agreement and that are not fulfilled at the termination of this Agreement will survive the termination of this Agreement.
    4. Modification. The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement may not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto.
    5. Severability. If any provision of this Agreement or the application thereof is held, for any reason and to any extent, invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances will be affected thereby, but instead must be enforced to the maximum extent permitted by law.
    6. Cumulative Rights. Landlord's and Tenant's rights under this Agreement are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
    7. Joint and Several Liability. If more than one person signs this Agreement, then the liability of the persons so signing will be joint and several. The language "joint and several" means that if more than one person has signed this Agreement, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Agreement, except where expressly otherwise agreed between Landlord and Tenant.
    8. Binding Effect. The covenants, obligations, and conditions herein contained will be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Parties hereto. The obligations of Landlord under this Agreement will not be binding upon Landlord named herein with respect to any period subsequent to the transfer of Landlord's interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations will thereafter be binding upon each transferee of the interest of Landlord.
    9. Governing Law. This Agreement will be governed, construed, and interpreted by, through, and under the laws of the State of _____________.
    10. Descriptive Headings. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.
    11. Constructions. The pronouns used herein include, where appropriate, either gender or both, singular and plural. The terms "Landlord" and "Tenant" include the singular as well as the plural.
    12. Non-Waiver. No indulgence, waiver, election, or non-election by Landlord under this Agreement will affect Tenant's duties and liabilities hereunder.
    13. Time of Essence. Time is of the essence for this Agreement.
    14. Force Majeure. Performance of any obligation under this Agreement by any Party will be excused for the duration of any event or circumstance causing a delay in performance through no fault of the obliged Party, including, without limitation, war; reasonably unforeseen supply shortages; changes in law or regulation; strikes; riots; lock-outs; labor troubles; power outages caused by weather or third parties; and natural events, such as blizzards, torrential rain, or tornadoes.
    15. Counterparts; Electronic Signature. This Agreement may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Agreement. Electronic signatures placed upon counterparts of this Agreement by a Party or their approved agent will be considered valid representations of that Party's signature.

Each Party acknowledges that it has read and understood all the terms of this Agreement and hereby agrees to be bound thereby, including any attached schedules, exhibits, or addendums. Tenant further acknowledges that it was under no duress in signing this Agreement and had full opportunity to negotiate the terms contained herein and to consult independent counsel.


Print: _____________

Sign: ___________________________________ Date: ______________


Print: _____________

Sign: ___________________________________ Date: ______________


This SCHEDULE A - LEAD-BASED PAINT DISCLOSURE is hereby incorporated into the COMMERCIAL RENTAL AGREEMENT FOR _____________ entered into on ______________________ by and between _____________ (hereinafter "Landlord") and _____________ (hereinafter "Tenant") and associated with the real property situated at _____________, _____________, _____________ _____________. All terms used herein are defined according to the Agreement.

WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (three times) damages, attorney's fees, costs, and a base penalty up to $11,000 (plus adjustment for inflation). The current penalty is up to $16,000 for each violation.

Disclosure for Target Rentals and Leases Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement

Buildings built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 buildings, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the building. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

Landlord's Disclosure to Tenant and Real Estate Licensee(s) and Acknowledgment

1. Landlord acknowledges that Landlord has been informed of Landlord's obligations. Landlord is aware that Landlord must retain a copy of this disclosure for not less than three years from the commencement of the leasing or rental period.

2. Presence of lead-based paint and/or lead-based paint hazards (check one box below):

□ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the unit.

□ Landlord has knowledge of lead-based paint and/or lead-based paint hazards present in the unit (explain):



3. Records and reports available to Landlord (check one box below):

□ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the unit.

□ Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the unit (list documents below):



Tenant's Acknowledgment

4. Tenant has read the Lead Warning Statement above and understands its contents.

5. Tenant has received the pamphlet "Protect Your Family From Lead in Your Home," has access to it online at, or has received a another similar disclosure.

Real Estate Licensee's Acknowledgment

Each Party signing below acknowledges receipt by Tenant of the above disclosure.

The Parties have read and understood all of the above terms and conditions and hereby agree to be bound thereby.


Print: _____________

Sign: ___________________________________ Date: ______________


Print: _____________

Sign: ___________________________________ Date: ______________

Instructions for Your Commercial Rental Agreement

Our commercial rental agreement offers the best protection for landlords available on the web. This form contains everything you need to quickly and effectively execute a strong agreement. The following instructions provide an overview of some of the key provisions of the agreement.

Fixed-Term vs. Periodic Tenancy

When completing the agreement, you will be given the choice between creating a fixed-term or a periodic tenancy agreement. A fixed-term tenancy is simply a tenancy agreement that states that it will end on a specific date in the future, usually about six months or a year from the start of the tenancy. A periodic tenancy has no set end date and usually continues from month to month until one of the parties chooses to terminate the tenancy. Periodic tenancies are less common for commercial properties.

Many states provide fixed-term tenants different rights than periodic tenants. This most commonly impacts the tenant's rights upon terminating the agreement or being evicted. The proper procedure for canceling a fixed-term or periodic tenancy depends on the terms of the agreement and state law. If you choose to create a fixed-term tenancy, this agreement states that the tenant must provide 30 days' notice of his or her intent not to renew the agreement when it expires.

For fixed-term tenancies, the agreement will automatically expire at the end of the term. If the tenant holds over by staying on the premises and the landlord does not notify the tenant to vacate the unit when the agreement ends, then the agreement will convert to a periodic tenancy and continue on a month-to-month basis until terminated.

If you choose a periodic tenancy, then either the landlord or the tenant may terminate the agreement by serving the appropriate amount of notice in compliance with state law, which is usually 30 days' notice.

Rental Payments

This section of your agreement sets out how often rental payments are due. A monthly payment structure is most common. However, you may also choose for rent to be paid weekly, twice per month, every two months, every six months, or once per year.

When specifying the location to where the tenant must make payments, you may add multiple locations as a convenience to the tenant. You may also provide the details for any online payment portal in this section. The same applies when identifying the accepted payment methods. You may allow the tenant to pay via check, cash, direct deposit, wire transfer, credit card/debit card, money order, cashier's check, online, or all of the above. You may also add custom payment methods.

Property Taxes and Other Expenses

The agreement allows you to specify whether the tenant is responsible for paying property taxes, building insurance, and maintenance costs. If you select "None of the above," the tenant will not be responsible for these but will still be required to pay any sales or use taxes that could be assessed against the property unless the parties agree otherwise.

Security Deposit

Even in the absence of a security deposit, tenants are still required to pay for any damage they cause to the property. However, it is recommended that the landlord always require tenants to pay an upfront security deposit equal to at least one month's rent. This will help ensure that the tenant pays for any damage discovered by the landlord at the end of the tenancy and helps avoid costly litigation that would be required to enforce the agreement in court.

The landlord may use the security deposit to repair any damage the tenant causes beyond normal wear and tear to the premises, the common areas, and any Furnishing provided by the landlord. "Normal wear and tear" means deterioration that occurs when the premises or any Furnishing provided are used as intended, without negligence or abuse by the tenant or any of the tenant's guests or subtenants (if permitted).

Lastly, the agreement spells out specific requirements that the tenant must follow in order to have all or part of the security deposit returned. Such requirements include the following:

  • The full term of the agreement has ended or the agreement has been properly terminated according to its terms
  • All rent and outstanding fees or charges have been paid by the tenant
  • All utility bills are paid in full
  • All keys and other items belonging to the landlord have been returned
  • All of the tenant's personal property has been removed
  • The unit has been thoroughly cleaned


The tenant may not sublet out the apartment to other occupants without the prior written consent of the landlord. Doing so is grounds for the landlord to terminate the agreement and pursue eviction.

Lead-Based Paint Disclosures

For properties built before 1978 (i.e. pre-1978 property), federal law requires that the landlord and tenant (and their agents) sign a "Disclosure of Information on Lead-Based Paint," which is included for you. Landlords must keep the signed copy of the "Disclosure of Information on Lead-Based Paint" for at least three years as compliance with the rules. Tenants must also receive the federally approved lead hazard information pamphlet "Protect Your Family From Lead in Your Home" or a similar pamphlet approved for use in your state by the Environmental Protection Agency.

State and Local Disclosure Requirements

Often, state and local law have disclosure requirements that need to be disclosed before or at the signing of the rental or lease agreement (note that some of the required disclosures listed here only apply to residential units). Landlords are often required to disclose serious problems that affect the rental unit's fitness for tenancy, any code violations, mold or flood zone warnings, radon warnings, carbon monoxide and asbestos disclosures, the presence of a methamphetamine laboratory or a flood at the unit prior to the tenant's occupancy, whether the property is located in a military zone, and local rent control rules. When in doubt, it is always best to disclose these and similar issues. Especially if the property is covered by rent control, make sure to research local regulations for required disclosures. These can normally be found on your city or county website or by contacting the office of your mayor, city manager, county administrator, or a locally licensed attorney.

Final Steps

Once finished completing the agreement, simply have all parties sign and date where indicated. Be sure that all parties get a copy of the agreement to retain for their records.

Please note that the language you see here changes depending on your answers to the document questionnaire.

Commercial Lease Agreement

A commercial lease agreement sets out the duties and responsibilities for both the landlord and tenant of a commercial space. It is the fundamental document controlling the landlord-tenant relationship, and creating a strong lease customized to the parties' needs is essential.

The agreement defines the length of the lease term, the payment of fees and deposits, promises and limitations on the use of the premises, and much more. LegalNature's commercial lease agreement is designed to give you flexibility in tailoring your agreement while still providing some of the strongest protection available.

Our advanced tools will guide you through the creation process every step of the way. Get started and have the protection you need today!

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user guide icon Help Guide

This guide provides an explanation of the key terms and considerations when creating a commercial lease agreement. Here we elaborate on the step-by-step guidance we provide you when answering our document questionnaire.

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checklist icon Checklist

Review the basic steps you will need to follow before and after completing a commercial lease agreement. This includes tips on gathering information, reviewing and signing your agreement, making updates, and completing related documents.

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