VIEWS: 11,171 PAGES: 9 CATEGORY: Leasing Commercial Real Estate POSTED ON: 10/19/2007
This document is an agreement between a landlord and a tenant to lease, for a specified term, certain commercial premises for use as a retail store. This document has many standard clauses but also provides customizable features including price, term of the lease, parking options, and much more. This document is ideal for entities or other individuals that want to lease commercial premises for use as a retail store.
This document is an agreement between a landlord and a tenant to lease, for a specified term, certain commercial premises for use as a retail store. This document has many standard clauses but also provides customizable features including price, term of the lease, parking options, and much more. This document is ideal for entities or other individuals that want to lease commercial premises for use as a retail store. COMMERCIAL LEASE AGREEMENT FOR A RETAIL STORE This Commercial Lease Agreement (hereinafter “Agreement”) is made in duplicate as of the ___ day of _________, ____ by and between ___________________________ (hereinafter “Landlord”) and ___________________________ (hereinafter “Tenant”). WITNESS that, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of Tenant, his/her heirs, executors, administrators, successors, and assigns to be paid, observed, and performed, Landlord hereby leases unto Tenant, his/her heirs, executors, administrators, successors, and assigns for use and occupation as commercial premises to be used as a retail store and for no other purpose, all those certain premises known municipally as ___________________ (hereinafter the “Premises”) upon the following terms and conditions: 1. To have and to hold the Premises for and during the term of __________ [AMOUNT IN WORDS] (____) [AMOUNT IN NUMERALS] months/years [Instruction: CHOOSE ONE] to be computed from and ending on the _____ day of _____________, _____ (hereinafter the “Term”). 2. Yielding and paying therefore unto Landlord during the Term the sum of ________________ [AMOUNT IN WORDS] dollars ($__________) [AMOUNT IN NUMERALS] to be payable in equal consecutive monthly installments of ________________ [AMOUNT IN WORDS] dollars ($__________) [AMOUNT IN NUMERALS] each payable in advance on the ______ day of each and every month during the said Term. 3. Tenant covenants and agrees to deliver rental payments to Landlord by the due date. If rental payments are not received by the due date, a collection charge of ________________ [AMOUNT IN WORDS] dollars ($__________) [AMOUNT IN NUMERALS] in addition to the monthly rent will immediately become due and payable. For each check not honored by the bank or other financial institution upon which it is drawn, a collection charge of ________________ [AMOUNT IN WORDS] dollars ($__________) [AMOUNT IN NUMERALS], in addition to the monthly rent, will become immediately due and payable. 4. Landlord and Tenant mutually covenant and agree that whenever, pursuant to this Agreement, notice is required to be given by either Landlord or Tenant to the other, the same shall be in writing and, except as otherwise provided, be deemed to be sufficiently given if mailed postage prepaid and certified mail to Tenant at the Premises and to Landlord at the following address: ______________________ [LANDLORD’S MAILING ADDRESS]. Notice so given shall be deemed to have been received by the addressee on the _____ postal delivery day following the date on which it is mailed. 5. Tenant covenants and agrees to pay rent, maintain the Premises in an ordinary state of cleanliness, and repair any damage caused to the Premises by his/her willful or negligent conduct or that of persons permitted on the Premises by him/her. Tenant further covenants to leave the © Copyright 2013 Docstoc Inc. 2 Premises in an ordinary state of cleanliness upon termination of this Lease in the same condition as now exists, reasonable wear and tear excepted. 6. Tenant covenants and agrees that it shall be his/her sole responsibility to pay for all ___, ________, ______, _______, and ________ [INSERT APPLICABLE UTILITIES] charges required for the Premises and Tenant further covenants and agrees to hold Landlord harmless for all accounts aforesaid including arrears and penalties thereon. 7. Tenant covenants and agrees that he/she shall promptly notify Landlord of any repairs required to be made by Landlord and, subject to provisions of applicable law, Landlord shall be permitted to enter the Premises for purposes of viewing and making any such necessary repairs. Landlord shall be permitted a reasonable time within which to make any such necessary repairs. 8. Tenant covenants and agrees not to assign or sublet the lease established by this Agreement. 9. Landlord covenants with Tenant for quiet enjoyment. 10. Tenant covenants and agrees that he/she will not, at any time during the Term, use, or permit the use of the Premises for any business or for any purpose other than as his/her own residential use and will not permit a nuisance to occur with respect to the use of the Premises. 11. Tenant covenants and agrees that, in the event the Premises are abandoned or vacated by Tenant, Landlord, in addition to all other rights provided pursuant to applicable law and all other rights hereby reserved, shall have the right to enter the Premises as the agent of Tenant, either by force or otherwise, without being liable for any prosecution therefore, and to re-let the Premises as agent of Tenant and receive the rent thereon; PROVIDED that, if the rent hereunder is overdue and the Premises are vacant, it shall be presumed that Tenant has vacated or abandoned the Premises, and Landlord shall be entitled to take immediate possession thereof. Nothing in this Agreement and no entry made by Landlord hereunder shall in any way release Tenant of his/her obligation to pay the rent herein reserved during the Term hereof beyond such sum as may be realized by Landlord by the re-letting hereinbefore allowed. 12. Tenant covenants and agrees that Landlord is not in any event whatsoever liable or responsible in any way howsoever caused for: (a) Any personal injury or death that may be sustained by Tenant, members of his/her family, his/her guests, visitors, licensees, invitees, and/or any other person who may be upon the Premises; (b) Any loss or theft of or damage or injury to any property, including motor vehicles and the contents thereof, which may be in or about the Premises; without limiting the generality of the foregoing, such damage shall include any damage caused to any property situated in or about the Premises from gas, water, steam, water works, rain, or snow which may issue or flow from any part of the Premises or © Copyright 2013 Docstoc Inc. 3 Landlord’s property or from the pipes or plumbing works of the same or from any other place or quarter; (c) Any damage caused by or attributable to the condition or arrangement of any electrical or other wiring; (d) Any damage caused by anything done or omitted to be done by Landlord; or (e) Any loss or spoilage of food on account of the failure or impairment of the electrical system. Tenant hereby releases and forever discharges Landlord, his/her successors, and assigns, from all and any actions, claims and demands for damages, including exemplary or punitive damages, loss, or injury, however arising, which may hereafter be sustained by Tenant or his/her personal property. 13. Tenant further covenants and agrees to give Landlord prompt written notice of any accident or other defect in the water pipes or heating apparatus, telephone, electric, lighting or other wiring to any other part of the Premises of which Tenant is aware or ought to have been aware of by reason of his/her use and occupation of the Premises. 14. Tenant covenants and agrees that he/she shall not do, nor permit anything to be done, in or on the said Premises or bring or keep anything therein which will in any way increase the risk of fire in or the rate of fire insurance on the Premises or conflict with any of any federal, state, or local law. Tenant shall take out and keep in force during the said Term, or any extension or renewal thereof, insurance upon his/her contents and property damage and public liability insurance in an amount equal to or greater than ________________ [AMOUNT IN WORDS] dollars ($__________) [AMOUNT IN NUMERALS] and shall provide proof thereof to Landlord if requested. 15. Tenant covenants and agrees that he/she shall be liable for any damage done by reason of water left running from the taps in the Premises or from gas permitted to escape therein. Tenant further covenants and agrees that the Premises’ toilets and other water apparatus shall not be used for any purpose other than those for which they were constructed and no sweepings, garbage, rubbish, ashes, or other substances shall be thrown therein. Any damage resulting to them from misuse or from unusual or unreasonable use shall be borne by Tenant. Tenant further covenants and agrees that he/she shall be liable for any misuse of the heating, plumbing, or electrical systems situate in or on the Premises. 16. Tenant and Landlord covenant and agree that neither of them shall, during the occupancy of the Premises by Tenant, alter or cause to be altered the locking system of any door giving entry to the Premises except by mutual consent. Altering the locking system includes the installation of additional locks to any door giving entry to the Premises. 17. Tenant covenants and agrees that he/she will not make or cause to be made any alterations, additions or, improvements or install or cause to be installed any fixtures without the © Copyright 2013 Docstoc Inc. 4 prior written consent of Landlord, and any addition or improvement made or fixtures installed with the prior written consent of Landlord shall be of first class quality, installed at the sole expense of Tenant, and become the property of Landlord as part of the reversion upon termination of this Lease. 18. Tenant covenants and agrees that he/she will not, without the prior written consent of Landlord, which consent may be arbitrarily withheld, erect or cause to be erected on the Premises or any part thereof any television or radio antenna or any other device or apparatus of similar purpose. Tenant further covenants and agrees that, if any such television or radio antenna, device or apparatus is erected on the building with the consent of Landlord, Tenant will, at his/her own expense, upon the termination of this Lease or any renewal thereof, repair any damage done to the Premises by reason of the erection, maintenance or removal thereof and will indemnify and save harmless Landlord, his/her servants or agents from all liability for damages to persons or property as a result of the erection, maintenance or removal thereof. 19. Tenant covenants and agrees that if it is his/her intention to terminate this Lease at the end of the Term hereby created, notice of such intention shall be given in writing by Tenant to Landlord not later than sixty (60) days prior to the expiration of the said Term; PROVIDED that, if Tenant remains in occupation of the Premises after the expiration of the Term hereby granted without a written agreement and no such notice has been given, he/she shall not be deemed to be a tenant from year to year, but shall be a monthly tenant at a rent equivalent to the monthly payment of rent herein provided for plus any increases permitted by law, payable in advance, and all the terms and conditions hereof, so far as applicable, shall apply to such monthly tenancy. 20. Tenant covenants and agrees that, upon written notice of termination of this Lease being given, Landlord shall have the right, at reasonable times, to enter and show the Premises to prospective tenants and should Landlord list the property for sale, he/she shall have the right to erect signs to that end and thereafter, shall have the right, at reasonable times to enter and show the Premises to prospective purchasers; otherwise, except in cases of emergency and except where the consent of Tenant is given at the time of entry, Landlord shall not exercise a right to enter the Premises unless it has first given written notice to Tenant at least twenty-four (24) hours before the time of entry which shall be specified in the notice. If at any time during the Term thereof, Landlord wishes to show the Premises to prospective purchasers who wish to purchase the Premises and assume the position of Landlord under this Lease, Tenant will allow Landlord to show the Premises to such prospective purchasers upon twenty-four (24) hours written notice to Tenant. 21. Tenant covenants and agrees that if he/she is obliged to vacate the Premises on or before a certain date and Landlord has sold or has entered into a Lease with a third party to rent the Premises after such date and Tenant fails to vacate the Premises thereby causing Landlord to be liable thereunder, Tenant will indemnify Landlord for all losses suffered by reason of his/her failure to vacate. 22. Tenant covenants and agrees that no sign, advertisement, or notice shall be inscribed, painted or affixed in any way on any part of the outside of the Premises whatever. © Copyright 2013 Docstoc Inc. 5 23. Tenant covenants and agrees that all glass, locks and trimmings in or upon the doors and windows of the Premises shall be kept whole; and whenever any part thereof shall become lost or broken, the same shall be immediately replaced or repaired by Tenant under the direction and to the satisfaction of Landlord; and the cost of such replacements and repairs shall be borne by Tenant. 24. Tenant covenants and agrees that he/she will be responsible for any damage to the Premises caused by moving furniture in or out of the said Premises. 25. Tenant covenants and agrees that he/she shall keep no animals, birds, fish, or pets of any kind whatsoever in or about the Premises without the prior written consent of Landlord, which consent may be arbitrarily withheld. 26. Landlord shall have the right to make reasonable rules and regulations as in his/her judgment may from time to time be necessary for the safety, condition, and cleanliness of the Premises and for the preservation of good order therein and the same shall be kept and observed by Tenant, his/her family, visitors, guests, servants, and agents Such rules and regulations adopted by Landlord from time to time are hereby made a part of this Lease and Tenant's failure to keep and observe such rules and regulations shall constitute default under this Lease in such manner as if the same were contained herein as covenants of Tenant. 27. It is understood and agreed between Landlord and Tenant that no assent or consent to changes in or waiver of any part of this Lease in spirit or letter shall be deemed or taken as made, unless the same be done in writing and attached to or endorsed hereon by Landlord. 28. Landlord covenants with Tenant that Landlord will pay all taxes which during the herein said Term may be charged upon the Premises. This Lease is made on the understanding that Tenant is a public school supporter and it is agreed that if Tenant should designate that the taxes in respect of the Premises should go to the support of separate schools, any increase of taxes occasioned thereby shall be borne by Tenant and if Tenant refuses or neglects to pay the amount of such increase to Landlord, Landlord shall have the same remedies to enforce payment of same by Tenant as Landlord has in respect of the rent reserved by this Lease. 29. This lease is subject in all respects to the applicable provisions of the Landlord and Tenant Act, as amended in ________ [YEAR], a State/City [Instruction: CHOOSE ONE] law governing landlord-tenant relationships in the City/State [Instruction: CHOOSE ONE] of __________. 30. Severability: Should any provision(s)\of the Lease and/or its conditions be found to be invalid or not enforceable, it or they shall be considered separate and severable from the Lease and its remaining provisions and conditions shall remain in force and be binding upon the Parties hereto as though the said provision or provisions or conditions had never been included. 31. Whenever throughout these presents there is any mention of or references to Landlord or Tenant, such mention or reference shall be deemed to extend to and include the heirs, executors, administrators, successors and assigns of Landlord and of Tenant an sub-tenants of Tenant as the © Copyright 2013 Docstoc Inc. 6 case may be, and if Landlord or Tenant shall be a female or if there be more than one Landlord or Tenant, the pronouns used throughout shall be taken to be altered accordingly. 32. Governing Law and Consent to Jurisdiction: This Lease shall be construed and governed by the laws of the State of ____________, without regard to conflict of law provisions. The parties voluntarily consent to the jurisdiction of courts in the State of ________ for any disputes, interpretation or enforcement of this Lease Agreement. IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals as of the date first hereabove written. SIGNED, SEALED AND DELIVERED in the presence of ____________________________ ____________________________ Witness Tenant ____________________________ ____________________________ Witness Landlord © Copyright 2013 Docstoc Inc. 7 RECEIPT OF TENANCY AGREEMENT: THE UNDERSIGNED hereby acknowledges receiving a duplicate original copy of the herein Lease this _______ day of ____________, ______. Tenant © Copyright 2013 Docstoc Inc. 8
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