Florida commercial lease agreement template

Florida Commercial Lease Agreement

This Commercial Lease Agreement (the "Lease") is made and entered into as of this [Date], by and between [Lessor Name], residing at [Lessor Address] ("Landlord"), and [Lessee Name], residing at [Lessee Address] ("Tenant").

Landlord and Tenant hereby agree as follows:

Premises:

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], consisting of approximately [Square Footage] square feet and identified as [Suite/Unit Number] (the "Premises"). A site plan/floor plan is attached as Exhibit A.

Use of Premises:

The Premises shall be used and occupied by Tenant solely for the purpose of: [Description of Permitted Use]

Prohibited Uses: The following uses are expressly prohibited: [Description of Prohibited Uses]

Options:

Exclusive Use: Tenant shall have the exclusive right to operate a [Type of Business] within the [Building/Shopping Center].

Co-Tenancy Clause: This Lease is contingent upon [Anchor Tenant Name] operating at the Shopping Center. If the anchor tenant ceases operations, Tenant shall have the right to terminate this Lease.

Use Restrictions: The tenant is restricted from selling [Specific Products/Services].

Lease Term:

The term of this Lease shall commence on [Start Date] and shall terminate on [End Date], unless sooner terminated as provided herein.

Options:

Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term. The rent for the renewal term(s) shall be [Describe How Renewal Rent Will Be Determined].

Early Occupancy: Tenant is permitted to take early occupancy beginning on [Date] for [Purpose, e.g., build-out] at no rental cost.

Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such occupancy shall be deemed a month-to-month tenancy, subject to all the terms and conditions of this Lease, except that the monthly rent shall be [Percentage]% of the then-current monthly rent.

Rent:

Tenant shall pay to Landlord, as base rent for the Premises, the sum of [Dollar Amount] per [Month/Quarter/Year], payable in advance on the [Day] day of each [Month/Quarter], commencing on [Date].

Payment Method: Rent shall be paid by [Payment Method, e.g., check, wire transfer] to [Payment Address].

Late Fees: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount or Percentage] shall be charged.

Rent Escalation:

Option A: The base rent shall increase by [Percentage]% annually, commencing on [Date].

Option B: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [City, State], with a maximum increase of [Percentage]%.

Additional Rent:

Triple Net (NNN) Charges: In addition to base rent, Tenant shall pay its proportionate share of all costs and expenses of operating and maintaining the Building, including but not limited to:

Common Area Maintenance (CAM): [CAM Expenses, e.g., landscaping, parking lot maintenance, security].

Property Taxes: Tenant shall pay [Percentage]% of the real property taxes assessed against the Building.

Insurance: Tenant shall pay [Percentage]% of the insurance premiums for the Building.

Accounting: Landlord shall provide a detailed annual accounting of NNN expenses.

Option: Gross Rent: The rent includes all operating expenses for the premises except for [List expenses that are separate].

Security Deposit:

Tenant shall deposit with Landlord the sum of [Dollar Amount] as a security deposit, to be held by Landlord as security for the performance of Tenant's obligations under this Lease. The security deposit shall not bear interest.

Return of Security Deposit: Within [Number] days after the termination of this Lease and Tenant's vacation of the Premises, Landlord shall return the security deposit to Tenant, less any amounts necessary to cover damages to the Premises, unpaid rent, or other amounts due under this Lease. A written itemization of deductions, if any, shall be provided.

Utilities and Services:

Tenant's Responsibility: Tenant shall be responsible for the payment of the following utilities and services:

Electricity

Water

Sewer

Trash Removal

Internet

Janitorial service for the premises

Landlord's Responsibility: Landlord shall be responsible for the following utilities and services:

HVAC Maintenance

Maintenance of common area utilities

Maintenance and Repairs:

Tenant's Responsibility: Tenant shall, at its sole expense, maintain the Premises in good order and repair, including but not limited to:

Interior Repairs

Maintenance of Equipment

Cleaning

Landlord's Responsibility: Landlord shall be responsible for:

Structural Repairs

Roof Maintenance

Exterior Maintenance (excluding tenant-caused damage)

Common Area Maintenance

Alterations, Improvements, and Signage:

Tenant Improvements: Tenant may make alterations and improvements to the Premises with Landlord's prior written consent, which shall not be unreasonably withheld.

Ownership of Improvements: All alterations and improvements made by Tenant shall become the property of Landlord upon termination of this Lease, unless otherwise agreed in writing.

Restoration: Tenant shall restore the Premises to its original condition upon termination of this Lease, reasonable wear and tear excepted, unless otherwise agreed in writing.

Signage: Tenant may install signage on the Premises in accordance with Landlord's signage criteria, subject to Landlord's approval. Landlord’s signage criteria are attached as Exhibit B.

Insurance:

Tenant's Insurance: Tenant shall maintain, at its sole expense, commercial general liability insurance with minimum limits of [Dollar Amount] per occurrence and property insurance covering the Premises.

Landlord's Insurance: Landlord shall maintain property insurance covering the Building.

Additional Insured: Tenant shall name Landlord as an additional insured on its commercial general liability insurance policy.

Waiver of Subrogation: Landlord and Tenant hereby waive all rights of subrogation against each other for any loss or damage to the extent covered by insurance.

Indemnification and Liability:

Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising from Tenant's use of the Premises, or from any act, omission, or negligence of Tenant, its agents, employees, or invitees.

Subleasing and Assignment:

Tenant shall not sublet the Premises or assign this Lease without Landlord's prior written consent, which consent shall not be unreasonably withheld.

Options:

Recapture: Landlord shall have the right to recapture the Premises in the event Tenant requests to assign or sublease.

Profit Sharing: Landlord shall be entitled to [Percentage]% of any profit realized by Tenant from any assignment or sublease.

Default and Remedies:

Events of Default: The following shall constitute events of default:

Failure to pay rent when due

Failure to comply with any term or condition of this Lease

Abandonment of the Premises

Landlord's Remedies: Upon the occurrence of an event of default, Landlord shall have the right to:

Terminate this Lease

Re-enter the Premises and relet the same

Sue for damages

Accelerate rent for the remainder of the term

Rights of Entry:

Landlord shall have the right to enter the Premises upon reasonable notice to Tenant for the purpose of inspection, repair, or showing the Premises to prospective tenants or purchasers.

Emergency Access: Landlord may enter the Premises without notice in the event of an emergency.

Options and Rights:

Options:

Right of First Refusal: Tenant shall have the right of first refusal to lease any adjacent space that becomes available.

Right of First Offer: Tenant shall have the right of first offer to purchase the Premises.

Expansion Option: Tenant shall have the option to lease an additional [Square Footage] square feet adjacent to the premises.

Compliance with Laws and Regulations:

Tenant shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, including but not limited to zoning regulations, building codes, and the Americans with Disabilities Act (ADA).

Hazardous Materials and Environmental Compliance:

Tenant shall not use, store, or dispose of any hazardous materials on the Premises without Landlord's prior written consent. Tenant shall comply with all applicable environmental laws and regulations.

Casualty and Condemnation:

In the event the Premises are damaged by fire or other casualty, Landlord shall repair the Premises, and rent shall abate during the period of repair. If the Premises are rendered untenantable, either party may terminate this Lease.

Condemnation: If the Premises are taken by eminent domain, this Lease shall terminate. Tenant shall be entitled to any award for its trade fixtures and relocation expenses.

Representations and Warranties:

Landlord warrants that it has the right to lease the Premises.

Guarantees:

Option: Personal/Corporate Guaranty: This lease shall be guaranteed by [Guarantor Name] as outlined in Exhibit C.

Building Rules and Regulations:

Tenant shall comply with all reasonable rules and regulations established by Landlord for the Building. These rules and regulations are attached as Exhibit D.

Notice:

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service, to the addresses set forth above.

Surrender of Premises:

Upon termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, reasonable wear and tear excepted. Tenant shall remove all of its personal property and trade fixtures.

Governing Law and Venue:

This Lease shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising out of this Lease shall be in [County] County, Florida.

Force Majeure:

Neither party shall be liable for any failure to perform its obligations under this Lease to the extent such failure is caused by force majeure events, including but not limited to acts of God, war, strikes, or governmental regulations.

Severability:

If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver:

No waiver of any provision of this Lease shall be effective unless in writing and signed by the waiving party.

Merger/Integration Clause:

This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendment:

This Lease may be amended only by a writing signed by both parties.

Successors and Assigns:

This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Counterparts:

This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Electronic Signatures:

Electronic signatures shall be deemed valid and binding.

Entire Agreement:

This Lease constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter of this Lease.

Florida-Specific Provisions:

Radon Gas Disclosure: "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Radon levels that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."

Sales Tax on Rent: Tenant shall be responsible for the payment of any applicable Florida sales tax on rent.

Commercial Landlord's Lien: Landlord shall have a lien on Tenant's personal property located on the Premises for the payment of rent, as provided in Chapter 83, Part I, Florida Statutes.

Waiver of Jury Trial: Landlord and Tenant hereby waive their respective rights to a jury trial in any action or proceeding arising out of or relating to this Lease.

Hurricane Preparedness: Tenant shall comply with all hurricane preparedness requirements mandated by applicable laws and regulations.

Flood Disclosure: Landlord discloses that the premises [is/is not] located in a flood zone.

Accessibility Compliance: Tenant is responsible for accessibility compliance as it relates to improvements made by the Tenant.

IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above.

[Lessor Name] (Landlord)

By: [Printed Name]

Title: [Title]

[Lessee Name] (Tenant)

By: [Printed Name]

Title: [Title]