Commercial Tenancy Agreement for the United States

Commercial Tenancy Agreement Template for United States

A Commercial Tenancy Agreement is a legally binding contract under U.S. law that establishes the terms and conditions for leasing commercial property between a landlord and tenant. This document outlines rent payments, term length, maintenance responsibilities, insurance requirements, and other critical terms specific to commercial property use. Unlike residential leases, commercial leases in the U.S. typically offer fewer statutory protections for tenants and allow for more extensive negotiation of terms.

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What is a Commercial Tenancy Agreement?

The Commercial Tenancy Agreement serves as the primary document governing the relationship between commercial property owners and their tenants in the United States. This agreement is essential when any business entity seeks to lease commercial space, whether for retail, office, or industrial use. It differs significantly from residential leases due to its complexity and the assumption that both parties have business experience and negotiating power. The agreement typically includes detailed provisions about property use, maintenance obligations, insurance requirements, and various business-specific terms that protect both parties' interests.

What sections should be included in a Commercial Tenancy Agreement?

1. Parties: Identification of landlord and tenant with full legal names and addresses

2. Background: Context of the agreement and property description

3. Definitions: Key terms used throughout the agreement

4. Demise: The formal granting of the lease and its term

5. Rent and Other Payments: Rent amount, payment terms, and additional charges

6. Tenant Obligations: Core responsibilities of the tenant

7. Landlord Obligations: Core responsibilities of the landlord

8. Insurance: Required insurance coverage

9. Termination: Conditions for ending the lease

What sections are optional to include in a Commercial Tenancy Agreement?

1. Break Clause: Optional provisions for early termination of the lease under specific circumstances

2. Assignment and Subletting: Optional provisions governing the tenant's rights to transfer or share the lease

3. Alterations: Optional provisions regarding tenant's rights to modify the property

4. Service Charge: Optional provisions for additional charges in multi-tenant buildings

What schedules should be included in a Commercial Tenancy Agreement?

1. Property Plan: Detailed floor plan and property boundaries

2. Inventory: List of fixtures and fittings included in the lease

3. Service Charge Schedule: Detailed breakdown of service charges and calculations

4. Building Rules: Specific regulations and requirements for the building

5. State-Specific Disclosures: Required legal notices and disclosures for the relevant jurisdiction

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Americans with Disabilities Act (ADA): Federal law requiring commercial properties to meet accessibility standards for individuals with disabilities

Fair Housing Act: Federal legislation that may apply to mixed-use properties, prohibiting discrimination in housing transactions

Federal Bankruptcy Laws: Regulations governing landlord rights and procedures when a commercial tenant declares bankruptcy

State Property Laws: State-specific regulations governing real property rights, transfers, and obligations

State Commercial Landlord-Tenant Laws: State-level regulations specifically governing the relationship between commercial landlords and tenants

State Security Deposit Regulations: State laws governing the handling, amount, and return of security deposits in commercial leases

State Eviction Procedures: State-specific legal requirements and processes for commercial tenant eviction

State Maintenance Obligations: State laws defining landlord and tenant responsibilities for property maintenance and repairs

State Zoning Laws: State-level regulations governing property use and development

Municipal Building Codes: Local regulations governing building construction, modification, and safety standards

Local Zoning Ordinances: City or county-specific regulations controlling property use and development

Local Business Licensing: Municipal requirements for business operation permits and licenses

Local Health and Safety Regulations: City or county-specific health and safety requirements for commercial properties

Environmental Regulations: Laws governing environmental hazards such as asbestos and lead paint in commercial properties

Insurance Requirements: Legal obligations for property and liability insurance coverage in commercial leases

Tax Regulations: Federal, state, and local tax implications and requirements for commercial property leases

Property Maintenance Codes: Specific requirements for maintaining commercial properties to legal standards

Fire Safety Regulations: Fire prevention and safety requirements for commercial properties

Utilities Regulations: Laws governing utility services, responsibilities, and requirements in commercial properties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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