Georgia office lease agreement template

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How Georgia office lease agreement Differ from Other States

  1. Georgia law allows landlords flexibility in security deposit handling, while some states require deposits be held in interest-bearing accounts.

  2. There is no state-mandated commercial lease disclosure form in Georgia, unlike certain states with strict disclosure requirements.

  3. Georgia permits waivers and modifications of landlord-tenant obligations if clearly stated in writing, which varies in restrictiveness across states.

Frequently Asked Questions (FAQ)

  • Q: Does a Georgia office lease agreement have to be notarized?

    A: No, notarization is not required for a Georgia office lease agreement to be legally enforceable.

  • Q: Are there limits on security deposits for office leases in Georgia?

    A: Georgia does not set statutory limits on commercial security deposits, but the amount should be reasonable and agreed upon.

  • Q: Can landlords require tenants to pay for property taxes in Georgia?

    A: Yes, Georgia office leases often require tenants to pay a share of property taxes, usually detailed in the lease terms.

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Georgia Office Lease Agreement

This Georgia Office Lease Agreement (the "Lease") is made and entered into as of this [Date], by and between [Landlord's Full Legal Name], a [Landlord's Business Entity Type] with its principal place of business at [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Business Entity Type] with its principal place of business at [Tenant's Address] ("Tenant"). If Tenant is an entity, its registered agent is [Registered Agent Name] with a registered address of [Registered Agent Address].

1. Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the "Premises") located at [Complete Property Address], legally described as [Legal Description of Property], specifically suite/floor number [Suite/Floor Number], consisting of approximately [Total Rentable Square Footage] rentable square feet and [Total Usable Square Footage] usable square feet, as measured according to BOMA standards.

Option B: As shown on the floor plan attached hereto as Exhibit A, the Premises is located at [Complete Property Address], specifically suite/floor number [Suite/Floor Number], consisting of approximately [Total Rentable Square Footage] rentable square feet and [Total Usable Square Footage] usable square feet, as measured according to BOMA standards.

2. Common Areas and Amenities

Tenant shall have the right to use the following shared areas of the building: lobbies, restrooms, hallways, and breakrooms.

The Building offers the following amenities: elevators, meeting rooms [Meeting Room Details, e.g., availability, reservation process], security systems [Security System Details], and mailroom. The HVAC capacity is [HVAC Capacity Details].

3. Exclusive Use and Signage

Option A: Tenant shall have exclusive use of [Specify Area].

Option B: Tenant shall have the right to install signage on [Location of Signage], subject to Landlord's approval and city ordinances. The signage shall conform to Landlord’s standards, as outlined in Exhibit B.

4. Building Access

Building access is permitted during the hours of [Start Time] to [End Time], [Days of the Week]. After-hours access procedures are as follows: [After-Hours Access Procedures].

5. Permitted Use

The Premises shall be used solely for general office purposes as defined by applicable zoning ordinances in [City/County]. Prohibited uses include, but are not limited to: retail, medical, and manufacturing.

6. Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises, or any portion thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All assignments and subleases must comply with Georgia law.

7. Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to, Atlanta or other local zoning/licensing ordinances, building codes, and ADA requirements for tenant improvements. Both parties shall adhere to owners’ association, business park, and building-specific policies.

8. Lease Term

The term of this Lease shall be for [Number] years and [Number] months, commencing on [Commencement Date] (the "Commencement Date") and expiring on [Expiration Date] (the "Expiration Date"). Rent commencement date is [Rent Commencement Date].

9. Renewal

Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the Expiration Date.

Option B: There is no automatic renewal. Tenant may request a new lease agreement [Number] days prior to the Expiration Date.

10. Early Termination

Tenant shall have the right to terminate this lease early only under the following conditions: [Conditions for Early Termination], subject to a penalty of [Penalty Amount or Formula].

11. Holdover

If Tenant remains in possession of the Premises after the Expiration Date without the execution of a new lease, such holdover shall be deemed a month-to-month tenancy, subject to a holdover rent rate of [Percentage]% of the then-current monthly rent.

12. Rent

The base rent for the Premises shall be [Dollar Amount] per month, which is equivalent to [Dollar Amount] per square foot per year.

13. Escalation

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

Option B: The base rent shall be subject to escalation based on the Consumer Price Index (CPI), calculated as follows: [CPI Calculation Details].

14. Common Area Maintenance (CAM)

Tenant shall pay its proportionate share of CAM charges, which is [Percentage]% of the total CAM charges for the Building.

15. Property Taxes

Tenant shall reimburse Landlord for its proportionate share of property taxes. The method for passing through ad valorem taxes is as follows: [Method for Property Tax Pass-Through].

16. Utilities

Option A: Tenant shall be responsible for direct payment of all utilities, including electric, water, trash, and janitorial services.

Option B: Landlord shall provide utilities, and Tenant shall pay its proportionate share, calculated as follows: [Utility Allocation Details].

17. Insurance Pass-Throughs

Tenant shall pay its proportionate share of the Landlord's insurance costs, calculated as follows: [Insurance Pass-Through Calculation].

18. Operating Expense Caps

Landlord shall cap controllable operating expenses at [Percentage]% increase per year.

19. Rent Payment

Rent shall be paid monthly in advance, on or before the first day of each month, via [Permitted Forms of Payment, e.g., check, ACH, wire]. Payments shall be sent to [Payment Address].

20. Late Fees

A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.

21. Returned Payment Fees

A fee of [Dollar Amount] shall be charged for any returned payment.

22. Cure Period

Tenant shall have a cure period of [Number] days to remedy any late payment of rent.

23. Notice of Rent Increases

Landlord shall provide Tenant with at least [Number] days' written notice of any rent increase.

24. Sales/Use Tax

Tenant is responsible for sales/use tax on rent if applicable under Georgia Department of Revenue rules.

25. Security Deposit

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount]. The security deposit shall be used to cover unpaid rent, damages to the Premises, and legal fees incurred by Landlord as a result of Tenant's default.

26. Security Deposit Interest

[Option A: Landlord is not required to pay interest on the security deposit.]

[Option B: Landlord shall pay interest on the security deposit at the rate required by Georgia law.]

27. Security Deposit Return

Landlord shall return the security deposit, less any deductions, to Tenant within [Number] days after the termination of this Lease, along with an itemized statement of any deductions.

28. Repair and Maintenance

Landlord shall be responsible for maintaining the structure, roof, and building systems of the Building.

Tenant shall be responsible for maintaining the interior of the Premises, including fixtures.

29. Damage Reporting

Tenant shall promptly report any damage to the Premises to Landlord.

30. Hazardous Materials

Tenant shall not store or use any hazardous materials on the Premises in violation of Georgia environmental regulations.

31. Pest Control

Landlord shall provide pest control services for the Building.

32. Access for Repairs

Landlord shall have the right to access the Premises for inspection and repairs, with reasonable notice to Tenant, except in cases of emergency.

33. Tenant Improvement Allowance

Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount]. The allowance shall be used for improvements to the Premises, subject to Landlord's approval.

34. Approval Process

All tenant improvements must be approved by Landlord. The approval process is as follows: [Detailed Approval Process].

35. Code Compliance

Tenant improvements must comply with all applicable building codes.

36. Mechanic's Liens

Tenant shall take all necessary steps to prevent the filing of mechanic's liens against the Premises.

37. Restoration

Option A: Tenant shall restore the Premises to its original condition at the end of the Lease term.

Option B: Tenant is not required to restore the premises to its original condition at the end of the lease term, except for damages.

38. Landlord Delivery Condition

Landlord shall deliver the Premises in the following condition: [Description of Delivery Condition].

39. Build-Out Schedule

The build-out schedule is as follows: [Detailed Build-Out Schedule].

40. Late Delivery

If Landlord fails to deliver the Premises by [Date], Tenant shall be entitled to [Rent Abatement or Other Remedy].

41. Tenant Fixturing and Move-In

Tenant shall have the right to fixturing and move into the Premises on [Date].

42. Insurance

Tenant shall maintain commercial general liability insurance in the amount of [Dollar Amount] and property insurance in the amount of [Dollar Amount]. Landlord shall maintain property and rent loss insurance.

43. Additional Insured

Landlord shall be named as an additional insured on Tenant's commercial general liability insurance policy.

44. Subrogation Waiver

The parties hereby waive their rights of subrogation against each other, to the extent permitted by Georgia law.

45. Indemnification

Tenant shall indemnify and hold Landlord harmless from any and all claims arising out of Tenant's use of the Premises. Landlord shall indemnify and hold Tenant harmless from any and all claims arising out of Landlord's negligence.

46. Environmental Compliance

Tenant shall comply with all applicable environmental laws and regulations, including Georgia EPD requirements.

47. Signage

Tenant may install signage inside the Premises. Exterior signage is subject to Landlord's approval and city ordinances.

48. Compliance with Laws

Tenant shall comply with all applicable Georgia and local government licenses, codes, and regulations affecting office operations.

49. Mail and Telecommunications

Landlord shall provide mail and package delivery services to the Premises. Tenant shall have the right to install or upgrade data/network lines with Landlord's consent.

50. Condition of Premises at Return

Tenant shall return the Premises in broom-clean condition, repair all unauthorized alterations, and remove trade fixtures.

51. Abandoned Property

Any property left on the Premises after the termination of this Lease shall be deemed abandoned.

52. Dispute Resolution

Any dispute arising out of this Lease shall be resolved through good faith negotiation and mediation in [City, County], Georgia. If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association and Georgia arbitration statutes. Venue for any legal action shall be in the Superior Court of [County] County, Georgia.

53. Governing Law

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

54. Legal Notices

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 a nationally recognized overnight courier service, addressed as follows:

If to Landlord: [Landlord's Notice Address]

If to Tenant: [Tenant's Notice Address]

55. Default

Events of default by Tenant shall include, but not be limited to, failure to pay rent when due and failure to comply with any other term or condition of this Lease. Landlord shall provide Tenant with written notice of default and a cure period of [Number] days.

56. Landlord's Remedies

Upon Tenant's default, Landlord shall have the right to terminate this Lease, re-enter the Premises, accelerate rent, or mitigate damages.

57. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease due to causes beyond its reasonable control, including but not limited to, acts of God, war, and strikes.

58. Casualty

If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises within a reasonable time. Rent shall be abated during the period of repair.

59. Condemnation

If the Premises are taken by condemnation, this Lease shall terminate.

60. Mortgagee Protection

This Lease shall be subordinate to any existing or future mortgage on the Building.

61. Estoppel Certificate

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

62. Disclosures

[Include any disclosures required by Georgia law, such as existence of flood zones or lead-based paint.]

63. Property Tax Appeals

Any property tax appeals shall be handled as follows: [Details on Handling Property Tax Appeals].

64. Execution

This Lease may be executed in counterparts. This Lease shall not be binding until signed by both Landlord and Tenant.

Exhibit A: Floor Plan of Premises

Exhibit B: Signage Standards

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

____________________________
[Landlord's Full Legal Name], Landlord

____________________________
[Tenant's Full Legal Name], Tenant

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