This agreement to extend lease is made between a landlord and tenant whereby the
landlord and the tenant agree to extend the term of the original commercial lease
agreement beyond the current end date. As drafted, this document contains provisions
for an additional security amount. This form contains both standard clauses and
opportunities for the use of optional terms and conditions making it fully customizable to
fit the needs of the contracting parties. Tenants or landlords seeking to extend the
lease term of a commercial lease should use this form.
AGREEMENT TO EXTEND LEASE (COMMERCIAL LEASE)
THIS AGREEMENT TO EXTEND LEASE (the “Agreement”), is made this ____ day of
___________, 2_____, [Instruction: Insert extension agreement date.] by and between
_______________ [Instruction: Insert Landlord’s name.] (the “Landlord”) and
_____________ [Instruction: Insert Tenant’s name.] (the “Tenant”).
WHEREAS the Landlord and the Tenant entered into a commercial lease agreement
dated the ____ day of __________, 2____ [Instruction: Insert lease date.] (the “Lease”) for the
commercial property municipally known as ___________________, unit ___________
consisting of approximately ____________ (_____) [Instruction: Insert applicable property
information.] square feet (the “Premises”);
AND WHEREAS the Lease is scheduled to expire on the ____ day of _________,
2____; [Instruction: Insert Lease expiration date.]
AND WHEREAS the Landlord and the Tenant mutually agree to extend the Term
[Comment: Ensure original Lease sets forth a definition of “Term.” If not, describe the
term in this agreement.] of the Lease pursuant to the terms and conditions contained herein.
NOWTHEREFORE for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Landlord and the Tenant hereto agree as follows:
1. The Lease shall be extended for a further term of _______ (___) [Instruction: Insert
written amount of extension followed by numerical representation of same and choose
whether such additional term is for months or years.] months/years (the “Extended
Term”) and shall expire on the _____ day of _________, 2_____ [Instruction: Insert new
expiration date.] (the “Expiry Date”).
2. The Tenant shall pay to the Landlord on the ____ [Instruction: Insert date on which
rent is due monthly. If rent is not due monthly, revise accordingly.] day of each and
every month, rent in the sum of ________ ($______) [Instruction: Insert rental amount.]
United States Dollars (the “Rent”) commencing on the ___ day of __________, 2_____
[Instruction: Insert date upon which new rental amount will begin.] until the Expiry
Date. The Rent shall be paid to the Landlord by way of cash or check at the Landlord’s
principal address of __________________ [Instruction: Insert Landlord’s address for
rent payment.]. [Comment: If Lease also sets forth additional amounts to be paid by
Tenant, parties need to ensure any and all such additional sums (and any increase due
to the term increase) are accounted for in this Agreement, for example, property taxes
or utilities. Additional language may need to be added upon a determination by the
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parties as to which party is responsible for such additional sums, including any such
increase, if same is not set forth in the Lease.]
3. Tenant agrees to pay a prorated sum in the amount of $_______________ [Instruction:
Insert prorated rent amount.] as rent to cover the period from the commencement of this
Agreement until the _____ [Instruction: Insert date on which next rent payment would be
due.] day of the following month. This prorated rent shall be due at the execution of this
Agreement. Payment of rent, non-payment of rent, and default for late payment of rent shall
be governed in accordance with the terms and conditions of the previous Lease, as
incorporated by reference or attachment.
4. Upon the execution of this Agreement, Tenant shall deposit _____ ($_____) United
States Dollars [Instruction: Insert written additional security deposit amount, followed
by numerical representation of such amount.] with Landlord, which represents the
additional security deposit required. [Comment: Delete this provision if no additional
security deposit is being collected.] Such additional security deposit shall be deposited
pursuant to applicable state law.
5. The Tenant acknowledges that all of the terms and conditions of the original commercial
Lease agreement entered into between the Landlord and the Tenant shall remain in full force
and effect until the Expiry Date and the Tenant agrees to be bound to all terms and
6. On or before the Expiry Date of the Lease, the Landlord and the Tenant may enter into a
further agreement to extend the commercial Lease for a further term of ________ (___)
[Instruction: Insert permitted further term.] months/years.
7. This Agreement shall be governed in accordance with the laws of the State of ________
[Instruction: Insert applicable state.] applicable therein and as amended from time to time.
8. This Agreement shall inure to the benefit of the parties hereto and shall be binding upon
the parties hereto and their respective heirs, executors, representatives, successors, and
assigns. Except as otherwise set forth herein, nothing in this Agreement, expressed or
implied, is intended to confer on any person other than the parties hereto or their respective
heirs, executors, representatives, successors, and assigns any rights, remedies, obligations, or
other liabilities under or by reason of this Agreement.
9. This Agreement shall be considered part of, and incorporated into the original Lease. All
terms, conditions and provisions of the Lease are herein incorporated by reference. Any
terms not defined herein shall have the definition set forth in the Lease.
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10. Any modification to this Agreement must be in writing, signed by the parties or it shall
have no effect and be void.
11. This Agreement may be executed in several counterparts, each of which when so
executed shall be deemed to be an original and such counterparts together shall constitute one
and the same instrument and shall be effective as of the formal date hereof. This Agreement
may be executed and transmitted via e-mail and/or facsimile transmission and in such event
shall be effective and binding on the parties hereto and their successors and assigns as if
12. If any provision of this Agreement is found by a court of competent jurisdiction to be
unenforceable, such provision shall not affect the other provisions, but such unenforceable
provision shall be deemed modified or deleted to the extent necessary to render it
enforceable, preserving to the fullest extent permissible the intent by the parties set forth
13. Neither party may assign, transfer or delegate any of its rights or obligations hereunder
without the prior written consent of the other party.
IN WITNESS WHEREOF, the Landlord and the Tenant have executed this Agreement
as of the day and year first written above.
I have authority to bind the Company.
I have authority to bind the Company.
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