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Commercial Lease Agreement

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COMMERCIAL LEASE AGREEMENT

THIS LEASE (this "Lease") dated this ________ day of ________________, ________

BETWEEN:

______________________ of _________________________________
Telephone: ______________________  
(the "Landlord")

OF THE FIRST PART


- AND -

______________________ of _________________________________
Telephone: ______________________
(the "Tenant")

OF THE SECOND PART

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:

  1. Definitions
  2. When used in this Lease, the following expressions will have the meanings indicated:
    1. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;
    2. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at ______________________________, as from time to time altered, expanded or reduced by the Landlord in its sole discretion;
    3. "Common Areas and Facilities" mean:
      1. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and
      2. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities;
    4. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the centre line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements;
    5. "Premises" means the office space at ______________________________;
    6. "Rent" means the total of Base Rent and Additional Rent.
  3. Intent of Lease
  4. It is the intent of this Lease and agreed to by the Parties to this Lease that rent for this Lease will be on a gross rent basis meaning the Tenant will pay the Base Rent and any Additional Rent and the Landlord will be responsible for all other service charges related to the Premises and the operation of the Building save as specifically provided in this Lease to the contrary.
  5. Leased Premises
  6. The Landlord agrees to rent to the Tenant the office space municipally described as ______________________________ (the "Premises").

    The Premises will be used for only the following permitted use (the "Permitted Use"):
    ____________________________________________________________________________________________________________________________________________________________________

    The remainder of this document will be available when you have purchased a licence.

Last Updated February 2, 2024

Commercial Lease Agreement

What is a Commercial Lease Agreement?

A Commercial Lease Agreement, also known as a business lease, is a contract between a landlord/property manager and a business, outlining the terms of a commercial tenancy, whereby the tenant is renting space from a landlord for the purpose of conducting business.

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What types of commercial property can this lease be used for?

This Commercial Lease Agreement can be used for office spaces, industrial facilities or warehouses, retail stores or restaurants, as well as storage, hotel, or medical buildings.

When should I use a Commercial Lease?

Whenever you are leasing commercial property to a business tenant, a written Commercial Lease Agreement should be used to specify the terms of the tenancy. A Commercial Lease lists the landlord's and the tenant's obligations to ensure there is no misunderstanding or ambiguity between the parties.

How do I create a Commercial Lease Agreement?

A Commercial Lease Agreement differs from a Residential Rental Agreement in a few ways, most notably that the property is used for business activities.

Here are some of the important considerations to keep in mind when creating your Commercial Lease:

Tenant's Permitted Use of the Property: In a business lease, it should state what type of business the tenant is allowed to conduct on the premises, as per the landlord's consent. The landlord may also grant or choose not to grant exclusive rights to that business type (e.g. accounting services) in the building if there is more than one tenant. Any change in the type of business the tenant conducts needs to be approved by the landlord.

Lease Term: There are various lease terms available to use in your Commercial Lease:

  • Fixed end date: A fixed end date lists a specific date when the tenancy will end.
  • Fixed weeks/months/years: A fixed week/month/year specifies a certain period of time that the lease will continue. It ends on the date specified, whereby the landlord cannot change any lease terms unless agreed to by both parties.
  • Periodic/Automatic Renewal: A periodic lease term automatically renews every week/month/year indefinitely until one of the parties gives notice and terminates the lease.

Rent, Operating, and Utility Payments: The landlord should consider how much rent to charge, when rent is due, if there is a fee for late payments, the security deposit amount, and if utility/operating costs are included in the rent price or paid in part by the tenant.

Tax: The landlord may choose to charge the tenant a portion of the property taxes.

Insurance: The landlord can specify who will cover the tenant's contents, the landlord's contents, the leased premises, and personal injury insurance for the property.

Improvements and Chattels: This term involves whether the tenant is able to make improvements to the property, and if improvements are required by the landlord. Also, if chattels (e.g. non-fixed furniture, curtains, etc.) are provided by the landlord or tenant.

Other: The landlord can make additional considerations in the lease, including notices for tenant defaults, sublease and assignment terms, other permissions (such as pets), parking, attorney fees, option to renew, and more.

Related Documents:

  • Commercial Rental Application: "an application form for landlords to collect a prospective business tenant's information prior to leasing
  • Commercial Sublease Agreement: "an agreement that is used by a business tenant to transfer the remainder of the business lease obligations to a third party, known as a subtenant
  • Eviction and Lease Notices: "notices for landlords to serve to tenants, including Notice to Quit, Notice to Pay Rent or Quit, Notice of Lease Violation, Notice of Termination, and Notice to Increase Rent

Frequently Asked Questions:

Commercial Lease Agreement FAQ
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