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Commercial Lease Agreement

Lease agreement for office, retail, or industrial spaces — covers CAM charges, build-out allowances, and permitted-use restrictions.

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What's included

Premises, Term, and Delivery of Possession

Identifies the leased commercial premises, commencement date, initial term, delivery condition, and any possession contingencies.

Base Rent, CAM Charges, and Annual Escalation

Sets the base rent, payment timing, late charges, common area maintenance obligations, expense reconciliations, audit rights, and annual rent increases.

Tenant Improvements and Build-Out

Defines any tenant improvement allowance, plans and approvals, permitting responsibilities, construction standards, lien waivers, and ownership of improvements.

Permitted Use, Compliance, and Exclusivity

Limits the tenant's use of the premises, requires compliance with laws and building rules, and states any exclusive-use rights or prohibited activities.

Assignment, Subletting, and Change of Control

Restricts transfers of the lease, subleases, or ownership changes without required landlord consent and preserves landlord approval rights.

Insurance, Indemnity, and Risk of Loss

Allocates responsibility for commercial liability insurance, property insurance, waivers of subrogation, indemnity obligations, casualty, and damage to the premises.

Confidentiality of Lease Terms

Requires the parties to keep sensitive financial, concession, and business terms confidential except for advisors, lenders, investors, or legally required disclosures.

Default, Remedies, Termination, and Dispute Resolution

Describes events of default, notice and cure periods, landlord remedies, tenant remedies, surrender obligations, governing law, venue, and dispute resolution procedures.

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Frequently asked questions

What should a commercial lease agreement include?
A commercial lease should identify the landlord, tenant, premises, lease term, rent, CAM charges, permitted use, insurance requirements, maintenance duties, assignment restrictions, default remedies, and termination procedures.
How are CAM charges handled in a commercial lease?
CAM charges are typically paid as additional rent based on the tenant's proportionate share of common area maintenance and operating expenses. The lease should state how estimates are billed, when annual reconciliations occur, and whether the tenant has audit rights.
What is a tenant improvement allowance?
A tenant improvement allowance is an amount the landlord agrees to contribute toward approved build-out work. The lease should specify eligible costs, approval requirements, payment timing, lien waiver requirements, and who owns the improvements after installation.
Can a tenant assign or sublet a commercial lease?
Most commercial leases restrict assignment and subletting unless the landlord gives prior written consent. The lease should describe consent standards, required documentation, continuing tenant liability, and any exceptions for affiliates or business transfers.

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Templates/Commercial Lease Agreement