Georgia commercial lease agreement template

Georgia Commercial Lease Agreement

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

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], including suite/unit number [Suite/Unit Number, if applicable], in [City], [County] County, Georgia (the "Premises").

2. Lease Term

Option A: Fixed Term

The term of this Lease shall commence on [Start Date] and shall expire on [End Date].

Option A.1: 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.

Option A.2: Extension Option

Tenant shall have the option to extend this Lease for [Number] additional term(s) of [Length of Extension Term] each, provided Tenant gives Landlord written notice of its intent to extend at least [Number] days prior to the expiration of the then-current term.

Option B: Month-to-Month

The term of this Lease shall commence on [Start Date] and shall continue on a month-to-month basis until terminated by either party.

Option B.1: Termination Notice

Either party may terminate this Lease by providing the other party with written notice of termination at least [Number] days prior to the desired termination date.

3. Permitted Use

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

Option A: Exclusive Use

Landlord agrees not to lease any other space in the [Building/Shopping Center Name] to any other tenant whose primary business is [Description of Exclusive Use].

Option B: Prohibited Use

The following uses are expressly prohibited: [List of Prohibited Uses, e.g., hazardous materials storage, certain business types].

Option C: Co-Tenancy Clause

If [Anchor Tenant Name] ceases to operate its business in the shopping center, the Tenant shall have the right to terminate this Lease upon [Number] days written notice to the Landlord.

4. Rent

Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per [Month/Year], payable in advance on the [Day] day of each [Month/Year] at [Payment Address].

Option A: Late Fee

If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount] shall be assessed.

Option B: Returned Check Fee

A fee of [Dollar Amount] will be charged for any returned check.

Option C: Rent Escalation

The base rent shall increase by [Percentage]% per year, commencing on [Date].

Option D: CPI Adjustment

The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [City, State], with the base year being [Year]. The adjustment will occur on [Date] of each year.

Option E: Tenant Improvement Allowance

Landlord shall provide a tenant improvement allowance of [Dollar Amount] for improvements to the premises, which will be disbursed according to the following schedule: [Schedule].

5. Additional Rent and Operating Expenses

Option A: Triple Net (NNN)

In addition to base rent, Tenant shall pay its pro rata share of all real estate taxes, insurance, and common area maintenance (CAM) expenses. The Tenant's pro rata share is [Percentage]% of the total expenses.

Option B: Gross Lease

The base rent includes all operating expenses, including real estate taxes, insurance, and common area maintenance (CAM).

Option C: Modified Gross

Tenant is responsible for the following operating expenses, in addition to the base rent: [List of Expenses]. Landlord is responsible for all other operating expenses.

Tenant is responsible for all utilities, including but not limited to water, sewer, electricity, gas, and trash removal.

6. Security Deposit

Tenant shall deposit with Landlord the sum of [Dollar Amount] as a security deposit to secure Tenant's performance under this Lease. The security deposit shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for unpaid rent or damages to the Premises.

Georgia law does not require interest to be paid on commercial security deposits.

7. Alterations and Improvements

Tenant shall not make any alterations or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld.

Option A: Signage

Tenant shall have the right to install signage subject to Landlord's approval and compliance with all applicable laws and ordinances.

Option B: Restoration

Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

8. Maintenance and Repair

Landlord shall be responsible for maintaining the roof, foundation, and exterior walls of the Premises.

Tenant shall be responsible for maintaining the interior of the Premises, including but not limited to, plumbing, electrical, and HVAC systems, and for keeping the Premises clean and in good repair.

Option A: Service Contract

Tenant shall maintain a service contract for the HVAC system.

9. Utilities

Tenant shall be responsible for the payment of all utilities serving the Premises.

10. Insurance

Tenant shall maintain commercial general liability insurance with limits of not less than [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, and property insurance covering Tenant's personal property and improvements in an amount sufficient to cover their replacement cost. Landlord shall be named as an additional insured on Tenant's commercial general liability policy.

Landlord shall maintain property insurance covering the building in which the Premises are located.

11. Indemnification

Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to Tenant's use of the Premises, or Tenant's breach of this Lease.

12. Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations.

13. Assignment and Subletting

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

Option A: Landlord Recapture

Landlord shall have the right to recapture the Premises upon Tenant's request to assign or sublet.

Option B: Profit Sharing

Any rent received by Tenant from a sublease that exceeds the base rent under this Lease shall be shared with Landlord, with [Percentage]% to Tenant and [Percentage]% to Landlord.

14. Landlord's Right of Entry

Landlord shall have the right to enter the Premises at reasonable times upon [Number] hours' advance notice (except in emergencies) for the purpose of inspection, repair, or showing the Premises to prospective tenants or purchasers.

15. Default and Remedies

If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and re-enter the Premises.

Option A: Notice and Cure

Tenant shall have [Number] days to cure any monetary default and [Number] days to cure any non-monetary default after written notice from Landlord.

Option B: Landlord Remedies

In the event of Tenant's default, Landlord may accelerate all remaining rent due under the Lease, re-enter the premises, and recover all damages permitted by law.

16. Surrender and Holdover

Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition, reasonable wear and tear excepted.

Option A: Holdover Rent

If Tenant holds over after the expiration of this Lease, Tenant shall pay rent at a rate of [Percentage]% of the then-current rent.

Option B: Waiver of Mitigation

Landlord shall have no duty to mitigate damages in the event of Tenant's default.

17. Condemnation

If all or any part of the Premises is taken by eminent domain, this Lease shall terminate as to the part taken.

18. Casualty

If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises within a reasonable time. If the Premises are untenantable, rent shall abate until the Premises are restored.

19. Personal Guaranty (Optional)

As an inducement for Landlord to enter into this Lease, [Guarantor Name] (the "Guarantor"), residing at [Guarantor Address], hereby guarantees the full and timely performance of all of Tenant's obligations under this Lease.

20. Estoppel Certificate

Tenant shall execute and deliver to Landlord an estoppel certificate within [Number] days of Landlord's request.

21. Subordination, Non-Disturbance, and Attornment (SNDA)

This Lease shall be subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises, provided that Tenant shall have the right to a non-disturbance agreement from the mortgagee.

22. Rules and Regulations (If Applicable)

Tenant shall comply with all rules and regulations promulgated by Landlord for the [Building/Shopping Center Name].

23. Notices

All notices shall be in writing and delivered by certified mail, return receipt requested, to the addresses set forth above.

Option A: Notice to Legal Counsel

A copy of all notices to Landlord shall also be sent to [Landlord's Attorney Name], [Landlord's Attorney Address].

A copy of all notices to Tenant shall also be sent to [Tenant's Attorney Name], [Tenant's Attorney Address].

24. Dispute Resolution

This Lease shall be governed by and construed in accordance with the laws of the State of Georgia.

Option A: Mediation

Any dispute arising out of or relating to this Lease shall be submitted to mediation prior to the commencement of any legal action.

Option B: Attorney's Fees

The prevailing party in any legal action arising out of or relating to this Lease shall be entitled to recover its reasonable attorney's fees and costs.

25. Special Georgia Considerations

This lease is for a period longer than one year and is therefore in writing as required by Georgia law.

Option A: Waiver of Jury Trial

Each party hereby waives its right to a jury trial in any action arising out of or relating to this lease.

26. Miscellaneous

This Lease constitutes the entire agreement between the parties and may not be modified except in writing signed by both parties. This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

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

Landlord:

____________________________

[Landlord's Signature]

[Landlord's Printed Name]

Tenant:

____________________________

[Tenant's Signature]

[Tenant's Printed Name]

Guarantor (if applicable):

____________________________

[Guarantor's Signature]

[Guarantor's Printed Name]