Nebraska commercial lease agreement template

Nebraska Commercial Lease Agreement

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

If Landlord is a legal entity, specify type: [Entity Type] and authorized representative: [Representative Name].

If Tenant is a legal entity, specify type: [Entity Type] and authorized representative: [Representative Name].

Premises:

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], Suite/Unit Number: [Unit Number], consisting of approximately [Square Footage] square feet (the "Premises").

Premises Boundaries: [Description of Boundaries].

Permitted Use: [Description of Permitted Use(s)].

Common Areas: [Description of Common Areas].

Parking Spaces: [Number] parking spaces.

Storage Areas: [Description of Storage Areas, if any].

Appurtenant Rights: [Description of Appurtenant Rights].

Lease Term:

Option A: Fixed Term

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

Option B: Automatic Renewal

This Lease shall automatically renew for successive terms of [Renewal Term Length], unless either party gives written notice of termination at least [Notice Period] days prior to the end of the then-current term.

Option C: Holdover Tenancy

If Tenant remains in possession of the Premises after the expiration of the Term, such holdover shall create a month-to-month tenancy, terminable by either party with [Notice Period] days written notice. Rent during the holdover period shall be [Holdover Rent Amount].

Option D: Early Termination

Tenant shall have the option to terminate this Lease early by providing [Notice Period] written notice to Landlord and paying a termination fee equal to [Termination Fee Amount or Calculation].

Rent:

Option A: Base Rent

The base rent for the Premises shall be [Rent Amount] per [Payment Frequency: e.g., month], payable in advance on the [Day of Month] day of each [Payment Frequency].

Acceptable Payment Methods: [List Payment Methods].

Late Payment Fee: A late payment fee of [Late Fee Amount] will be charged for any rent payment received more than [Number] days after the due date.

Option B: Rent Escalation

The base rent shall increase as follows:

Fixed Increase: The base rent shall increase by [Percentage]% annually.

CPI Adjustment: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) with [Basis/Index Name].

Step-Ups: The base rent shall increase to [New Rent Amount] on [Date of Increase].

Option C: Pro Rata Charges (CAM/Operating Expenses)

Tenant shall also pay its pro rata share of Common Area Maintenance (CAM) and operating expenses.

Triple Net (NNN): Tenant shall pay a pro rata share of all real estate taxes, building insurance, and common area maintenance expenses. Landlord will provide an annual reconciliation of expenses.

Gross: Landlord shall pay all operating expenses.

Modified Gross: Landlord and Tenant shall share responsibility for specific expenses as follows: [Specify which expenses each party is responsible for].

Tenant's pro rata share is calculated as [Square Footage of Premises / Total Square Footage of Building].

Security Deposit:

The Tenant shall deposit with the Landlord a security deposit in the amount of [Security Deposit Amount].

Permissible Uses: The security deposit may be used to cover damages to the Premises beyond normal wear and tear, unpaid rent, and costs associated with Tenant's breach of this Lease, consistent with Nebraska law.

Holding Procedures: The security deposit will be held by Landlord in accordance with Nebraska law.

Interest: [Choose One: No interest will be paid on the security deposit OR Interest will be paid on the security deposit as required by Nebraska law.]

Return of Deposit: The security deposit, less any allowable deductions, will be returned to the Tenant within [Number] days after the termination of this Lease and the Tenant's surrender of the Premises, as per Nebraska statutes.

Allowable Deductions: Deductions from the security deposit will only be made for reasonable expenses allowable under Nebraska law.

Use of Premises:

Permitted Use: The Premises shall be used solely for [Specific Permitted Use].

Option A: Exclusive Use

Landlord agrees not to lease any other space in the building for [Restricted Use].

Option B: Co-Tenancy

If [Anchor Tenant] vacates the property, Tenant shall have the option to terminate this lease.

Prohibited Uses: Tenant shall not use the Premises for any unlawful purpose, or any purpose that creates a nuisance or disturbs other tenants. [Specific Prohibited Uses].

Maintenance and Repair:

Landlord's Responsibilities: Landlord shall maintain and repair the structure, roof, HVAC system, and common areas of the building.

Tenant's Responsibilities: Tenant shall maintain and repair the interior of the Premises, including but not limited to plumbing, electrical fixtures, and interior doors.

Tenant shall be responsible for any damage to the Premises caused by Tenant's negligence.

Alterations, Improvements, and Signage:

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

Restoration: Upon termination of this Lease, Tenant shall [Choose One: restore the Premises to its original condition OR not be required to restore the Premises], reasonable wear and tear excepted.

Signage: Tenant may install signage subject to Landlord's approval and compliance with all applicable laws and ordinances. All signage must be removed upon lease termination.

Utilities and Services:

Tenant's Responsibilities: Tenant shall be responsible for the payment of [List Utilities: e.g., electricity, water, gas, internet].

Landlord's Responsibilities: Landlord shall be responsible for the payment of [List Utilities: e.g., trash removal, common area lighting].

Allocation for Multi-Tenant Properties: For utilities shared by multiple tenants, costs shall be allocated based on [Allocation Method].

Right of Access: Landlord shall have the right to access the Premises to maintain or repair utilities.

Taxes and Assessments:

Real Estate Taxes: [Choose One: Landlord shall pay all real estate taxes OR Tenant shall pay its pro rata share of real estate taxes.]

Special Assessments: [Choose One: Landlord shall pay all special assessments OR Tenant shall pay its pro rata share of special assessments.]

Personal Property Taxes: Tenant shall be responsible for all personal property taxes related to Tenant's business.

Insurance:

Landlord's Insurance: Landlord shall maintain property insurance on the building.

Tenant's Insurance: Tenant shall maintain commercial general liability insurance with a minimum coverage of [Coverage Amount], and business interruption insurance. Tenant shall provide Landlord with a certificate of insurance.

Waiver of Subrogation: To the extent permitted by law, Landlord and Tenant waive all rights of recovery against each other for loss or damage covered by insurance.

Indemnification and Liability:

Tenant shall indemnify and hold harmless Landlord from any and all claims, losses, damages, liabilities, and expenses arising from Tenant's use of the Premises or Tenant's negligence.

Landlord shall not be liable for any damages to Tenant's property or business caused by other tenants.

Default and Remedies:

Events of Default: The following shall constitute events of default: nonpayment of rent, breach of any covenant of this Lease, or Tenant's bankruptcy.

Cure Period: Tenant shall have [Number] days to cure a default for nonpayment of rent and [Number] days to cure any other default after written notice from Landlord.

Remedies: Upon an event of default, Landlord may terminate this Lease, re-enter the Premises, accelerate rent, and pursue all other available remedies under Nebraska law. Nebraska law requires specific statutory notice prior to any eviction or lease termination.

Assignment and Subletting:

Assignment: Tenant shall not assign this Lease without Landlord's prior written consent, which consent shall not be unreasonably withheld.

Subletting: Tenant shall not sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.

Landlord Recapture: Landlord shall have the right to recapture the Premises if Tenant requests consent to assignment or subletting.

Entry and Inspection:

Landlord's Right of Access: Landlord shall have the right to enter the Premises for inspection or repair purposes upon providing Tenant with at least [Number] hours' advance notice, except in cases of emergency. Nebraska statutes may dictate minimum notice requirements.

Casualty and Condemnation:

Casualty: If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises, provided repairs can be completed within [Number] days. Rent shall abate during the period of repair. If repairs cannot be completed within [Number] days, either party may terminate this Lease.

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

Surrender of Premises:

Upon termination of this Lease, Tenant shall surrender the Premises in [Condition of Premises at Surrender], reasonable wear and tear excepted. Tenant shall remove all of its personal property and trade fixtures.

Environmental Compliance:

Tenant shall not use or store any hazardous materials on the Premises in violation of any applicable laws. Tenant shall indemnify Landlord for any environmental contamination caused by Tenant.

Americans with Disabilities Act (ADA):

[Choose One: Landlord OR Tenant] shall be responsible for ensuring that the Premises comply with the Americans with Disabilities Act (ADA).

[Choose One: All costs associated with ADA compliance are the sole responsibility of the Tenant. / Landlord and Tenant will share the costs of ADA compliance.]

Quiet Enjoyment:

Landlord warrants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease.

Personal Guaranty:

[Choose One: Not applicable. / The obligations of Tenant under this Lease are personally guaranteed by [Guarantor Name], residing at [Guarantor Address].]

Options:

Option to Renew: Tenant shall have the option to renew this Lease for an additional term of [Renewal Term Length] years, provided Tenant gives Landlord written notice of its intent to renew at least [Notice Period] days prior to the expiration of the then-current term.

Option to Purchase: Tenant shall have the option to purchase the Premises during the term of this Lease for a purchase price of [Purchase Price].

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

Dispute Resolution:

Any dispute arising out of or relating to this Lease shall be resolved through [Choose One or More and Remove Unwanted: negotiation, mediation, or arbitration].

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

Notices and Communications:

All notices and communications under this Lease shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth above.

Force Majeure:

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

Fixtures and Improvements:

All fixtures and improvements installed by Tenant shall become the property of Landlord upon termination of this Lease, [Choose One: unless otherwise agreed in writing. / with the exception of Tenant's trade fixtures, which Tenant may remove.]

Compliance with Laws:

Tenant shall comply with all applicable laws, ordinances, and regulations in its use of the Premises.

Special Nebraska Considerations:

Adherence to Nebraska’s “Good Funds” Law for security deposit handling: Landlord will hold security deposit according to Nebraska state law.

Landlord and tenant acknowledge that Nebraska is NOT a self-help state for eviction purposes. Any eviction MUST be conducted in accordance with Nebraska law, through the proper judicial process.

Lead Paint Disclosure: For buildings built prior to 1978, a lead paint disclosure addendum is attached to this lease.

Landlord is not liable for tenant’s personal property: Landlord is not responsible for the loss or damage to any of tenant’s personal property, unless caused by the Landlord's direct actions.

Additional Nebraska Mandated Lease Provisions:

Statutory Notice Period: Tenant shall receive a three-day notice to pay rent or vacate the premises. For all other violations, a thirty-day notice to cure is required prior to lease termination, unless otherwise agreed to in writing.

Confession of Judgement: The parties acknowledge that Nebraska law prohibits automatic “confession of judgment” clauses.

Entire Agreement:

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

Amendment:

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

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.

Counterparts and Execution:

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.

Attorneys’ Fees:

[Choose One: In the event of any legal action arising out of this Lease, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. / Each party shall be responsible for its own attorneys’ fees and costs.]

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

____________________________

[Lessor Name]

Landlord

____________________________

[Lessee Name]

Tenant