This Lease Agreement is used by a landlord to lease office space to a tenant or
company. This document contains the material terms of the lease agreement including
the rent amount, the term of the lease, and a description of the premises. Many of the
standard clauses commonly used in these types of agreements are included in this
document, but it may be customized to ensure that the specific understandings of the
parties are properly set forth. This lease agreement should be used by a landlord and a
tenant when entering into a commercial lease.
Lease of Office Space
Agreement made on the (date), between (Name of Lessor), a corporation
organized and existing under the laws of the state of (name of state), with its principal
office located at (street address, city, state, zip code), referred to herein as Lessor, and
(Name of Lessee), a corporation organized and existing under the laws of the state of
(name of state), with its principal office located at (street address, city, state, zip code),
referred to herein as Lessee.
Whereas, Lessor is the sole owner of the business premises located at (street
address, city, state, zip code), having office space for lease in such premises; and
Whereas, Lessee is in the business of (type of business) and desires to lease
office space from Lessor; and
Whereas, the parties desire to enter a Lessor Agreement defining their
respective rights, duties, and liabilities relating to the premises;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the matters described
above and of the mutual benefits and obligations set forth in this Agreement, the parties
agree as follows:
I. Description of Premises
A. Lessor hereby leases to Lessee Premises on the (number) floor of the
Building known as (Name of Building), located at (street address, city, state, zip
B. The premises to be leased are shown on the (e.g., blueprint or diagram)
attached to this Lessor Agreement as Exhibit A and are hereinafter referred to
as the Leased Property.
C. The Leased Property shall be used for the purpose of (description of
purpose), and for no other purpose. The Leased Property is located on
commercial property presently zoned for the following purposes: (describe zoned
purposes). This includes the purpose for which Lessee desires to lease the
D. Lessor has provided Lessor a copy of all documents describing the title,
access, and easements relating to the Leased Property, and will provide a copy
of any subsequent document that may affect the rights of Lessor in and under
this Lease Agreement.
II. Term of Lease
A. This Lease Agreement shall last for (number) years, to commence on
(date)), and terminate on (date), unless Lessee has exercised the option to
renew under provisions set forth in this Lease Agreement.
B. Lessee shall surrender the Leased Property to Lessor immediately on
termination of the Lease.
III. Delivery of Possession
If, for any reason, Lessor cannot deliver possession of the Leased Property at
the commencement of the term, this Lease Agreement shall not be void or voidable, nor
shall Lessor be liable to Lessee for any loss or damage resulting from the inability to
deliver possession. However, there shall be a proportionate reduction in total rent,
covering the period between the commencement of the term and actual delivery of the
Leased Property to Lessee, in the event of a late delivery by Lessor.
A. Lessor shall pay a total of $_________ for the term of this Lease
Agreement, payable in advance in (number) equal monthly payments of
$__________, due on the (number) day of each month for the succeeding
month's rental. This sum reflects a monthly rate of $___________ per square
foot of office space. Payments shall be made to Lessor at the address specified
above, and a payment shall be delinquent if not paid by the (number) day after
which it is due.
B. On Lessee's failure to pay the rental on a timely basis, Lessor shall have
the right to terminate this Lease Agreement, and the Lease Agreement will then
V. Restrictions On Use
Lessor shall not use or permit the Leased Property, or any part of the Leased
Property, to be used for any purposes other than those set forth in this Lease
Agreement. Lessee shall neither permit on the Leased Property any act, sale, or
storage that may be prohibited under standard forms of fire insurance policies, nor use
the Leased Property for any such purpose. In addition, no use shall be made or
permitted to be made that shall result in: (i) waste on the Leased Property; (ii) a public
or private nuisance that may disturb the quiet enjoyment of other tenants in the Building;
(iii) improper, unlawful, or objectionable use, including sale, storage, or preparation, of
food, alcoholic beverages, or materials generating an odor on the Property; or (iv)
noises or vibrations that may disturb other tenants. Lessor shall comply with all
governmental regulations and statutes affecting the Leased Property either now or in
VI. Abandoning Premises or Personal Property
Lessee shall not vacate or abandon the Leased Property at any time during the
term of this Lease Agreement. If Lessee does vacate or abandon the Leased Property
or is dispossessed by process of law, any personal property belonging to Lessee and
left on the Leased Property shall be deemed abandoned at the option of Lessor and
shall become the property of Lessor.
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Lessor shall pay all real property taxes on the office building up to a maximum of
$_____________ per year. The excess of any real property tax assessment over that
maximum amount will be payable by the tenants of the Building in the same proportion
that the area of office space each tenant is leasing bears to the total leased area of the
VIII. Utilities and Elevator
A. Lessor shall furnish all heat and air-conditioning to the Leased Property on
all business days during the appropriate seasons, between the hours of (time)
B. Lessor shall furnish all electricity required by Lessee in the normal conduct
of business activities on the Property, but Lessor shall be entitled to review the
proposals of Lessee to add any equipment requiring large electrical power
supplies and to charge Lessee for the additional costs of the increased electrical
service, if Lessor deems it reasonably necessary.
C. Lessor shall furnish all hot and cold water for lavatory purposes without
charge. If an additional supply of water is required by Lessee, Lessee shall install
a water meter to register such additional consumption of water. Lessee shall pay
as additional rent, when and as bills are received, the installation costs for the
water meter, the costs for the additional water consumed, the sewer rents, and
all other rents and charges based on the added consumption of water by Lessee.
D. Lessor shall furnish passenger elevator service on business days, except
Saturdays, from (time) to (time), and shall make (number) elevators available
subject to call at all other times.
IX. Alterations and Modification; Repairs
A. Lessee has inspected the Leased Property, and they are now in a
tenantable and good condition.
B. Lessee shall take good care of the Leased Property and shall not alter,
repair, or change the Leased Property without the prior, express, and written
consent of Lessor.
C. All alterations, improvements, and changes that Lessee may desire shall
be done either by or under the direction of Lessor, but at the expense of Lessee
and shall become the property of Lessor and remain on the Leased Property,
except that at the option of Lessor, Lessee shall, at its expense, remove from the
Leased Property all partitions, counters, railings, and similarly installed
improvements when surrendering the Leased Property.
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D. All damage or injury done to the Leased Property by Lessee or any person
who may be in or on the Leased Property with the consent of Lessee shall be
paid for by Lessee.
E. Lessee shall, at the termination of this Lease Agreement, surrender the
Leased Property to Lessor in as good condition and repair as reasonable and
proper use of the Property will permit.
F. Lessor shall be responsible for making all routine repairs and for
performing routine maintenance. Lessee shall permit Lessor and Lessor's agents
to enter the Leased Property at all reasonable times to inspect them, clean
windows, perform other janitorial services, maintain the Building and Leased
Property, make repairs, alterations, or additions to the Leased Property, or any
portion of the Building, including the erection of scaffolding, props, or other
mechanical devices, to post notices of non-liability for alterations, additions, or
repairs, or to place on the Property any usual or ordinary "For Sale" signs,
without any rebate of rent to Lessee or damages for any loss of occupation or
quiet enjoyment of the Leased Property. Lessor may, at any time within (number)
days prior to the expiration of this Lease Agreement, place on the windows and
doors of the Property any usual or ordinary "To Let" or "To Lease" signs. Lessor
and Lessor's agents may, during the last-mentioned period, enter on the Leased
Property at reasonable hours and exhibit them to prospective tenants.
X. Liability of Lessor
A. Lessee waives all claims against Lessor for damages to goods or for
injuries to persons on or about the Leased Property from any cause arising at
B. Lessee will indemnify Lessor on account of any damage or injury to any
person, or to the goods of any person, arising from the use of the Leased
Property by Lessee, or arising from the failure of Lessee to keep the Leased
Property in good condition as provided in this Lease Agreement.
C. Lessor shall not be liable to Lessee for any damage by or from any act or
negligence of any other occupant of the same Building, or by any owner or
occupant of adjoining or contiguous property.
D. Lessee agrees to pay for all damage to the Building, as well as all damage
or injury suffered by tenants or occupants of the Building caused by the misuse
or neglect of the Leased Property by Lessee.
XI. Destruction of Property
A. In the event of a partial destruction of the Leased Property during the term
of this Lease Agreement from any cause, Lessor shall promptly repair the
Leased Property, provided the repairs can be made within (number) days under
the laws and regulations of applicable governmental authorities.
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B. Any partial destruction of the Leased Property shall neither annul nor void
this Lease Agreement, except that Lessee shall be entitled to a proportionate
reduction of rent while the repairs are being made, any proportionate reduction
being based on the extent to which the making of repairs shall interfere with the
business carried on by Lessee on the Leased Property. If the repairs cannot be
made in the specified time, Lessor may, at Lessor's option, make repairs within a
reasonable time, this Lease Agreement continuing in full force and effect and the
rent to be proportionately rebated as previously set forth in this section. If Lessor
elects not to make repairs, or if repairs cannot be made under the laws and
regulations of the applicable governmental authorities, this Lease Agreement
may be terminated at the option of either party.
C. Should the Building in which the Leased Property are situated be
destroyed to the extent of not less than _____% of the replacement cost of the
Building, Lessor may elect to terminate this Lease Agreement, whether the
Leased Property are damaged or not.
D. A total destruction of the Building in which the Leased Property are
situated shall terminate this Lease Agreement.
XII. Condemnation. A condemnation of the entire Building or a condemnation of the
portion of the Leased Property occupied by Lessee shall result in a termination of this
Lease Agreement. Lessor shall receive the total of any consequential damages
awarded as a result of condemnation proceedings. All future rent installments to be paid
by Lessee under this lease shall be terminated.
XIII. Assignment and Sublease
A. Lessee shall not assign any rights or duties under this Lease Agreement
nor sublet the Leased Property or any part of the Leased Property, nor allow any
other person to occupy or use the Leased Property without the prior, express,
and written consent of Lessor. A consent to one assignment, sublease, or
occupation or use by any other person shall not be a consent to any subsequent
assignment, sublease, or occupation or use by another person. Any assignment
or subletting without consent shall be void.
B. This Lease Agreement shall not be assignable, as to the interest of
Lessee, by operation of law, without the written consent of Lessor.
C. Lessor shall not unreasonably withhold consent to an assignment or
sublease of the Leased Property by Lessee if Lessee will provide evidence of the
financial responsibility of the intended assignee or sublessee.
XIV. Breach or Default. Lessee shall have breached this Lease Agreement and shall
be considered in default under this Lease Agreement if: (i) Lessee fails to pay any rent
when due and does not make the delinquent payment within (number) days after receipt
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of notice from Lessor; or (ii) Lessee fails to perform or comply with any of the covenants
or conditions of this Lease Agreement and such failure continues for a period of
(number) days after receipt of notice from Lessor.
XV. Effect of Breach
In the event of a breach of this Lease Agreement as set forth in Section XIV
above, the rights of Lessor shall be as follows:
A. Lessor shall have the right to cancel and terminate this Lease Agreement,
as well as all of the right, title, and interest of Lessee under this Lease
Agreement, by giving to Lessee not less than (number) days' notice of the
cancellation and termination. On expiration of the time fixed in the notice, this
Lease Agreement and the right, title, and interest of Lessee under this Lease
Agreement shall terminate in the same manner and with the same force and
effect, except as to Lessee's liability, as if the date fixed in the notice of
cancellation and termination were the end of the lease term.
B. Lessor may elect but shall not be obligated to make any payment required
of Lessee in this Lease Agreement or comply with any agreement, term, or
condition required by this Lease Agreement to be performed by Lessee. Lessor
shall have the right to enter the Leased Property for the purpose of correcting or
remedying any such default and to remain until the default has been corrected or
remedied. However, any expenditure by Lessor incurred in any such correction of
a default shall not be deemed to waive or release Lessee's default or Lessor's
right to take any action as may be otherwise permissible under this Lease
Agreement in the case of any default.
C. Lessor may re-enter the Leased Property immediately and remove the
property and personnel of Lessee, and store the property in a public warehouse
or at a place selected by Lessor, at the expense of Lessee. After re-entry Lessor
may terminate this Lease Agreement on giving (number) days' written notice of
termination to Lessee. Without the notice, re-entry will not terminate this Lease
Agreement. On termination, Lessor may recover from Lessee all damages
proximately resulting from the breach, including the cost of recovering the
Leased Property and the worth of the balance of this Lease Agreement over the
reasonable rental value of the Leased Property for the remainder of the lease
term, which sum shall be immediately due Lessor from Lessee. After re-entry,
Lessor may relet the Leased Property or any part of the Leased Property for any
term without terminating this Lease Agreement, at the rent and on the terms as
Lessor may choose. Lessor may make alterations and repairs to the Leased
Property. The duties and liabilities of the parties if the Leased Property are relet
as provided in this section shall be as follows:
1. In addition to Lessee's liability to Lessor for breach of the Lease
Agreement, Lessee shall be liable for all expenses of the reletting, for the
alterations and repairs made, and for the difference between the rent
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received by Lessor under the new Lease Agreement and the rent
installments that are due for the same period under this Lease Agreement.
2. Lessor shall have the right to apply the rent received from reletting
the Property (i) to reduce Lessee's indebtedness to Lessor under this
Lease Agreement, not including indebtedness for rent, (ii) to expenses of
the reletting and alterations and repairs made, (iii) to rent due under this
Lease Agreement, or (iv) to payment of future rent under this Lease
Agreement as it becomes due.
D. If the new Lessee does not pay a rent installment promptly to Lessor, and
the rent installment has been credited in advance of payment to the
indebtedness of Lessee other than rent, or if rentals from the new Lessee have
been otherwise applied by Lessor as provided for in this section, and during any
rent installment period, are less than the rent payable for the corresponding
installment period under this Lease Agreement, Lessee shall pay Lessor the
deficiency, separately for each rent installment deficiency period and before the
end of that period. Lessor may at any time after a reletting terminate this Lease
Agreement for the breach on which Lessor had based the re-entry and
subsequently relet the Property.
E. After re-entry, Lessor may procure the appointment of a receiver to take
possession and collect rents and profits of the business of Lessee, and, if
necessary to collect the rents and profits the receiver may carry on the business
of Lessee and take possession of the personal property used in the business of
Lessee, including inventory, trade fixtures, and furnishings, and use them in the
business without compensating Lessee.
XVI. Option to Renew. Lessee shall have the option to renew this Lease Agreement
(number) times for an identical term as provided in the Lease Agreement for each
renewal. Written notice of intention to renew must be furnished to Lessor (number) days
prior to expiration of this Lease Agreement or any renewal of it. The rental shall be
subject to renegotiation at the time of any renewal, but all other terms and conditions
shall remain as provided in this Lease Agreement.
XVII. Unlawful Detainer and Attorney’s Fees. In case suit shall be brought for an
unlawful detainer of the Leased Property, for the recovery of any rent due under the
provisions of this Lease Agreement, or for Lessee's breach of any other condition
contained in this Lease Agreement, Lessee shall pay to Lessor a reasonable attorney's
fee that shall be fixed by the court. Any such attorney's fee shall be deemed to have
accrued on the commencement of the action and shall be paid on the successful
completion of the action by Lessor. Lessee shall be entitled to attorney's fees in the
same manner if judgment is rendered for Lessee.
XVIII. Security Deposit. Lessee shall deposit $____________ with Lessor as security
for return of the Leased Property in proper condition at the end of the lease term or on
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earlier termination and forfeiture as provided in this Lease Agreement. Lessor may
transfer or deliver the security to any bona fide purchaser of the real property if the
property is sold. Lessor shall be discharged from any further liability in reference to the
security on giving written notice of that transfer to Lessee.
XIX. Holding Over. If Lessee holds possession of the Leased Property after the term
of this Lease Agreement, Lessee shall become a tenant from month-to-month on the
terms specified in this Lease Agreement, but at a monthly rental of $___________ per
month payable monthly in advance on the (number) day of each month. Lessee shall
continue to be a month-to-month tenant until the tenancy shall be terminated by Lessor,
or until Lessee has given to Lessor a written notice at least one month prior to the date
of termination of the monthly tenancy of Lessee's intention to terminate the tenancy.
XX. Remedies of Lessor Cumulative
The remedies given to Lessor in this Lease Agreement shall be cumulative, and
the exercise of any one remedy by Lessor shall not be to the exclusion of any other
XXI. Severability. The invalidity of any portion of this Agreement will not and shall
not be deemed to affect the validity of any other provision. If any provision of this
Agreement is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
XXII. No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the waiver of any
breach of any of the terms and conditions of this Agreement, shall not be construed as
subsequently waiving any such terms and conditions, but the same shall continue and
remain in full force and effect as if no such forbearance or waiver had occurred.
XXIII. Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of (name of state).
XXIV. Notices. Unless provided herein to the contrary, any notice provided for or
concerning this Agreement shall be in writing and shall be deemed sufficiently given
when sent by certified or registered mail if sent to the respective address of each party
as set forth at the beginning of this Agreement.
XXV. Attorney’s Fees. In the event that any lawsuit is filed in relation to this
Agreement, the unsuccessful party in the action shall pay to the successful party, in
addition to all the sums that either party may be called on to pay, a reasonable sum for
the successful party's attorney fees.
XXVI. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to
the contrary, any dispute under this Agreement shall be required to be resolved by
binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator,
each party shall select one arbitrator and both arbitrators shall then select a third. The
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third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed
by the rules of the American Arbitration Association then in force and effect.
XXVII. Entire Agreement. This Agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind
preceding the date of this Agreement shall not be binding upon either party except to
the extent incorporated in this Agreement.
XXVIII. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if placed in writing and signed by each party or an authorized representative of
XXIX. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original, but all of which together shall
constitute but one and the same instrument.
XXX. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will
be followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
(Name of Lessor) (Name of Lessee)
(Signature of Officer) (Signature of Officer)
(Printed Name & Office in Corporation) (Printed Name & Office in Corporation)
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