Georgia retail lease agreement template

Georgia Retail Lease Agreement

This Retail Lease Agreement (the "Lease") is made and entered into as of this [Date of Signing], by and between [Landlord Legal Name], whose address is [Landlord Address] (hereinafter referred to as "Landlord"), and [Tenant Legal Name], whose address is [Tenant Address] (hereinafter referred to as "Tenant"). If applicable, Landlord's registered agent is [Registered Agent Name], located at [Registered Agent Address], and Tenant's registered agent is [Registered Agent Name], located at [Registered Agent Address].

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain retail space located at [Full Street Address], with Parcel ID [Parcel ID], as legally described in Exhibit A (the "Premises"). The Premises consists of approximately [Square Footage] square feet, and is commonly known as Suite/Floor [Suite/Floor Number].

Option B: The Premises includes the area depicted on Exhibit B, which outlines the boundaries, access points, designated parking areas [Exclusive/Shared Description], signage locations [Signage Locations Description], and any storage or loading areas included [Storage/Loading Area Description].

Use

Option A: The Premises shall be used solely for the purpose of [Specific Retail Use, e.g., sale of clothing] and for no other purpose.

Option B: Tenant shall not use the Premises for any purpose that violates any applicable Georgia law, municipal code, or regulation. Prohibited uses include, but are not limited to, adult entertainment establishments, pawn shops, and businesses requiring a license Landlord does not approve of (e.g. alcohol sales).

Option C: Tenant shall comply with all applicable zoning regulations, Georgia municipal codes, health, fire, building, and accessibility regulations. Exclusive use provisions for other tenants in the shopping center are outlined in Exhibit C [Exclusive Use Details].

Term

Option A: The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date].

Option B: Possession and delivery of the Premises shall occur on or before [Possession Date], subject to Landlord completing the work described in Exhibit D [Landlord's Work Description]. Rent shall commence on the earlier of [Rent Commencement Date] or the date Tenant opens for business.

Option C: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided Tenant gives Landlord written notice of its election to renew at least [Number] days prior to the expiration of the then-current term. Rent for each renewal term shall be adjusted to [Rent Adjustment Calculation, e.g., fair market value].

Option D: Early termination options:

Option 1: Tenant shall have the right to terminate this Lease early by paying a termination fee of [Termination Fee Amount] and providing [Number] days written notice to Landlord.

Option 2: Landlord shall have the right to terminate this Lease early due to redevelopment with [Number] days written notice to Tenant. Landlord will compensate Tenant [Compensation Amount/Description] in such case.

Rent

Option A: Tenant shall pay Landlord base rent in the amount of [Base Rent Amount] per month, payable in advance on the [Day] day of each month, commencing on the Rent Commencement Date.

Option B: Payments shall be made to Landlord at [Payment Address] or such other address as Landlord may designate in writing.

Option C: If any rent payment is more than [Number] days late, Tenant shall pay a late fee of [Late Fee Amount or Percentage], subject to Georgia usury laws.

Option D: The base rent shall increase annually by [Percentage]% or according to the Consumer Price Index (CPI) [CPI Index] as published by the U.S. Department of Labor.

Option E: Percentage Rent:

Option 1: In addition to base rent, Tenant shall pay Landlord percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Minimum Sales Threshold] during each [Time Period, e.g., calendar year].

Option 2: Tenant shall provide Landlord with monthly sales reports by the [Day] day of the following month. Landlord shall have the right to audit Tenant's sales records upon [Number] days' notice.

Additional Rent

Option A: Tenant shall pay, as additional rent, Tenant's proportionate share of Common Area Maintenance (CAM) charges. Tenant's proportionate share is [Percentage]% of the total CAM charges. CAM charges include [List of CAM Charges, e.g., landscaping, security, parking lot maintenance].

Option B: Tenant shall reimburse Landlord for all ad valorem property taxes assessed against the Premises and/or the Property in an amount equal to [Percentage]%. Landlord shall provide documentation for the property taxes.

Option C: Tenant shall pay its pro-rata share of all insurance premiums for the building, equal to [Percentage]%.

Option D: Utilities:

Option 1: Tenant shall be responsible for paying all utilities directly to the utility providers, including electricity, gas, water, and sewer. The Premises is individually metered for [Specify Utilities].

Option 2: Landlord will provide water and sewer services, and Tenant will be charged a fixed monthly fee of [Fixed Monthly Fee].

Option 3: All utility charges will be reconciled annually based on actual usage.

Insurance

Option A: Tenant shall maintain, at its sole expense, the following insurance coverage:

Commercial general liability insurance with a combined single limit of not less than [Dollar Amount] per occurrence.

Property insurance covering Tenant's personal property and leasehold improvements for their full replacement cost.

Workers' compensation insurance as required by Georgia law.

Option B: Landlord shall be named as an additional insured on Tenant's commercial general liability insurance policy. Tenant shall provide Landlord with certificates of insurance evidencing the required coverage. All policies shall include a waiver of subrogation in favor of Landlord.

Security Deposit

Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.

Option B: The security deposit shall be returned to Tenant within [Number] days after the expiration or termination of this Lease, less any deductions for damages to the Premises, unpaid rent, or other sums due to Landlord as permitted under O.C.G.A. § 44-7-34.

Option C: No interest will be paid on the security deposit.

Repairs and Maintenance

Option A: Landlord shall be responsible for maintaining the roof, foundation, and exterior walls of the Premises, except for damage caused by Tenant.

Option B: Tenant shall be responsible for maintaining the interior of the Premises, including all fixtures, equipment, and leasehold improvements, in good repair and condition.

Option C: Tenant is responsible for HVAC maintenance and repair.

Option D: In the event of an emergency repair, Tenant shall notify Landlord immediately. If Landlord fails to make the necessary repairs within a reasonable time, Tenant may make the repairs and deduct the cost from the rent, subject to limitations imposed by Georgia law.

Alterations and Improvements

Option A: Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.

Option B: All alterations and improvements shall be performed in a good and workmanlike manner, in compliance with all applicable laws and regulations.

Option C: At the expiration or termination of this Lease, all alterations and improvements shall become the property of Landlord, unless Landlord directs Tenant to remove them at Tenant's expense. Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

Option D: Any Tenant Improvement Allowance will be governed by Exhibit E [Tenant Improvement Allowance Details].

Delivery and Acceptance of Premises

Option A: Landlord shall deliver the Premises to Tenant in "as is" condition, unless otherwise agreed upon in writing.

Option B: Landlord shall be responsible for obtaining all necessary permits and inspections required for the lawful occupancy of the Premises.

Option C: Tenant's acceptance of possession of the Premises shall constitute acknowledgement that the Premises are in good and acceptable condition.

Compliance with Laws

Option A: Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to health codes, fire codes, and accessibility regulations.

Option B: If Tenant's business requires a food service or alcohol license, Tenant shall be solely responsible for obtaining and maintaining such licenses. Tenant shall indemnify and hold Landlord harmless from any liability arising from Tenant's failure to comply with applicable laws.

Common Areas

Option A: Tenant shall have the right to use the common areas of the Property, including parking areas, walkways, and restrooms, in common with other tenants and their customers.

Option B: Landlord shall maintain the common areas in a clean, safe, and well-lit condition.

Option C: Parking ratios are [Parking Ratio Description].

Option D: Tenant agrees to adhere to operating hours [Operating Hours Description].

Assignment and Subletting

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

Option B: Any assignment or subletting shall be subject to the terms and conditions of this Lease.

Option C: Landlord may condition its consent upon the proposed assignee or sublessee meeting certain financial and operational criteria.

Indemnification

Option A: Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, liabilities, and expenses (including attorneys' fees) arising from Tenant's use of the Premises or Tenant's breach of this Lease, except to the extent caused by the negligence or willful misconduct of Landlord.

Option B: Landlord shall indemnify and hold Tenant harmless from any and all claims, damages, liabilities, and expenses (including attorneys' fees) arising from Landlord's negligence or willful misconduct.

Casualty and Condemnation

Option A: If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises, provided that insurance proceeds are sufficient to cover the cost of repairs.

Option B: If the Premises are rendered untenantable, rent shall abate until the Premises are restored.

Option C: If the Premises are taken by eminent domain, this Lease shall terminate, and Tenant shall be entitled to compensation for its leasehold interest and personal property.

Default and Remedies

Option A: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies under Georgia law, including eviction and recovery of damages.

Option B: Tenant shall have a cure period of [Number] days to cure any monetary default and [Number] days to cure any non-monetary default. These cure periods are consistent with O.C.G.A. § 44-7-50 et seq.

Option C: Landlord's lien rights are enforced according to Georgia Law.

Dispute Resolution

Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation in [City, Georgia].

Option B: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The venue for any arbitration or litigation shall be [County, Georgia]. This Lease shall be governed by and construed in accordance with the laws of the State of Georgia.

Landlord's Entry

Option A: Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, repair, or showing the Premises to prospective tenants or purchasers, upon providing Tenant with at least [Number] hours' notice, except in cases of emergency.

Move-Out

Option A: Tenant must return the premises clean and in good repair, normal wear and tear accepted.

Option B: Landlord will conduct a final inspection within [Number] days of move-out.

Option C: Any property abandoned will be handled in accordance with Georgia law.

Disclosures

Option A: Landlord discloses that the Premises [is/is not] located in a flood zone.

Option B: Landlord discloses that the Premises [does/does not] contain asbestos.

Environmental Compliance

Option A: Tenant shall comply with all applicable environmental laws and regulations, including those relating to hazardous waste disposal and spill cleanup.

Option B: Tenant is responsible for maintaining any grease traps as required by local ordinances.

Notices

Option A: All notices 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, to the addresses set forth above.

Entire Agreement

Option A: This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendment

Option A: This Lease may be amended only by a written instrument signed by both parties.

Severability

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

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

[Landlord Legal Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Legal Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]