Texas office lease agreement template

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How Texas office lease agreement Differ from Other States

  1. Texas law allows for more flexibility in negotiating commercial terms, including lease duration and modification, compared to other states.

  2. Unlike some states, Texas does not require commercial landlords to mitigate damages if a tenant breaks the lease.

  3. Texas leases may include unique property tax and insurance provisions, as tenants often share costs for building improvements and maintenance.

Frequently Asked Questions (FAQ)

  • Q: Is notarization required for an office lease agreement in Texas?

    A: Notarization is not legally required for office lease agreements in Texas, but parties may choose to notarize for added protection.

  • Q: Can the landlord pass property taxes to the tenant in Texas office leases?

    A: Yes, Texas landlords can include provisions to pass property taxes and other operating expenses to tenants in commercial leases.

  • Q: What is the typical lease term for offices in Texas?

    A: Office leases in Texas typically range from one to five years, but the term can be tailored based on negotiations between landlord and tenant.

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Texas Office Lease Agreement

This Texas Office Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Limited Liability Company], with its principal place of business at [Landlord Address] (hereinafter referred to as "Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Corporation], with its principal place of business at [Tenant Address] (hereinafter referred to as "Tenant"). If applicable, Landlord’s registered agent is [Landlord Registered Agent Name] at [Landlord Registered Agent Address], and Tenant's registered agent is [Tenant Registered Agent Name] at [Tenant Registered Agent Address].

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the office space located at [Street Address], Suite/Unit [Suite Number], City of [City], County of [County], State of Texas, hereinafter referred to as the "Premises."

The Premises consists of approximately [Net Rentable Square Footage] net rentable square feet, located on the [Floor Number] floor of the building.

The Premises is configured as follows: [Description of Configuration, e.g., X offices, open workspace area, reception area, conference rooms, common break area].

Parking:

  • Option A: Tenant shall be entitled to [Number] reserved parking spaces located [Location of Parking Spaces].
  • Option B: Tenant shall be entitled to [Number] unreserved parking spaces.
  • Option C: Tenant will be provided [Number] visitor parking passes per month.
  • Option D: ADA-accessible parking is located [Location of ADA Parking].

2. Use of Shared Areas, Amenities, and Building Services

Tenant shall have the right to use the following shared areas and amenities, subject to the Landlord's reasonable rules and regulations: [List of Shared Areas, Amenities, and Services, e.g., common lobbies, restrooms, elevators, mailrooms, shared conference center, loading docks, security/reception desk, after-hours access procedures, HVAC hours, internet/connectivity details, janitorial services description, any building-provided amenities specific to the property].

3. Permitted Use

The Premises shall be used solely for general commercial office purposes and activities as permitted by applicable Texas zoning regulations, local ordinances, deed restrictions, and property covenants.

Tenant is prohibited from using the Premises for [List of Prohibited Uses, e.g., retail, medical, industrial] without the Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion.

Tenant shall comply with all building rules and regulations, management policies, and any owners’ association bylaws applicable to the property.

4. Lease Term

The lease term shall commence on [Commencement Date] ("Commencement Date") and shall expire on [Expiration Date] ("Expiration Date").

Rent Commencement:

  • Option A: Rent shall commence on the Commencement Date.
  • Option B: Rent shall commence [Number] days after the Commencement Date to allow for Tenant's fit-out.
  • Option C: Tenant shall receive [Number] months of rent abatement.

Early Access: Tenant shall have the right to access the Premises on [Early Access Date] for the purpose of [Purpose, e.g., buildout, furniture installation].

Renewal Option:

  • Option A: Tenant shall have no option to renew this lease.
  • Option B: Tenant shall have the option to renew this lease for one (1) additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the Expiration Date.

Holdover: If Tenant remains in possession of the Premises after the Expiration Date without a written agreement extending the term, such holding over shall be construed as 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.

Early Termination:

  • Option A: Tenant shall not have the right to terminate this lease early.
  • Option B: Tenant shall have the right to terminate this lease early by providing Landlord with [Number] months’ written notice and paying a termination fee equal to [Amount or Formula].

5. Base Rent

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

Payment Method:

  • Option A: Rent shall be paid by check, made payable to [Payee Name] and mailed to [Mailing Address].
  • Option B: Rent shall be paid via ACH to the following account: [Bank Name], Account Number: [Account Number], Routing Number: [Routing Number].
  • Option C: Rent shall be paid via Landlord’s online portal at [Website Address].

Security Deposit: 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. The security deposit will be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages to the Premises or unpaid rent, as allowed by Texas law.

Rent Escalation:

  • Option A: The base rent shall remain fixed for the entire lease term.
  • Option B: The base rent shall increase by [Percentage]% per year.
  • Option C: The base rent shall increase annually based on the Consumer Price Index (CPI) for [City, State], as published by the U.S. Bureau of Labor Statistics.

Additional Rent: In addition to the base rent, Tenant shall pay Landlord additional rent as described in Section 6.

6. Operating Expenses and CAM

This is a [Type of Lease, e.g., Triple Net, Modified Gross, Full Service] lease.

Operating Expenses:

  • Option A: Tenant shall be responsible for paying its pro rata share of Operating Expenses. Tenant’s pro rata share is [Percentage]%.
  • Option B: Landlord will be responsible for operating expenses, and these are included in the base rent.

CAM (Common Area Maintenance):

  • Option A: Tenant shall pay its pro rata share of CAM charges.
  • Option B: CAM charges are included in the base rent.

Utilities:

  • Tenant shall be responsible for paying for the following utilities: [List of Utilities, e.g., electricity, water, gas, telecommunications].
  • Landlord shall provide and pay for the following utilities: [List of Utilities, if any].

Expense Reconciliation: Landlord shall provide Tenant with an annual statement of actual operating expenses within [Number] days after the end of each calendar year. If the actual operating expenses exceed the estimated operating expenses paid by Tenant, Tenant shall pay the difference to Landlord within [Number] days of receipt of the statement. If the actual operating expenses are less than the estimated operating expenses paid by Tenant, Landlord shall credit the difference to Tenant's next rent payment.

Audit Rights: Tenant shall have the right to audit Landlord's operating expense records upon [Number] days’ written notice.

7. Tenant Improvements

Any tenant improvements (TI) must be approved by Landlord in writing, in compliance with all applicable local permits, ADA requirements, fire codes, and Landlord’s criteria.

Tenant shall submit detailed plans and specifications for any proposed buildout to Landlord for approval. Landlord shall have [Number] days to approve or disapprove the plans.

Construction Supervision Fee: Landlord may charge a construction supervision fee of [Percentage]% of the total cost of the TI.

Contractor's Insurance: Tenant shall ensure that all contractors performing TI work carry adequate insurance, including commercial general liability insurance, with Landlord named as an additional insured.

Post-Construction Restoration: Upon termination of this Lease, Tenant shall [Choose One: restore the Premises to its original condition, remove all TI, leave all TI in place].

8. Signage and Telecommunications

Tenant shall have the right to install signage in accordance with property standards and city ordinances, subject to Landlord's prior written approval. All signage must comply with the building's signage criteria.

Installation of satellite dishes or telecommunications infrastructure requires Landlord’s prior written consent and evidence of code compliance.

Alterations: Any alteration or installation of special business equipment requires Landlord’s consent and evidence of code compliance.

9. Maintenance and Repairs

Landlord shall be responsible for maintaining and repairing the building structure, roof, and building systems (HVAC, plumbing, electrical).

Tenant shall be responsible for maintaining and repairing the interior of the Premises, including fixtures, equipment, and damage caused by Tenant's act or omission.

Reporting Repairs: Tenant shall promptly report any necessary repairs to Landlord in writing.

Landlord Response: Landlord shall respond to repair requests within a reasonable time frame.

Failure of building systems or property damage: Tenant shall notify landlord immediately.

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, naming Landlord as an additional insured.

Tenant shall maintain property insurance for Tenant's property and improvements.

Landlord shall maintain insurance coverage deemed appropriate for the property.

Waiver of Subrogation: To the extent permitted by law, Landlord and Tenant hereby waive all rights of subrogation against each other.

Certificate Delivery: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

11. Casualty and Disaster

If the Premises are damaged by fire, flood, or other casualty, Landlord shall have the option to repair the Premises within [Number] days.

Rent Abatement: During the period of restoration, rent shall be abated in proportion to the area of the Premises that is unusable.

Termination: If the Premises are rendered unusable for more than [Number] days, either Landlord or Tenant may terminate this Lease.

12. Inspection and Access

Landlord shall have the right to inspect the Premises upon [Number] hours’ advance notice for purposes of repairs, emergencies, or showing the Premises to prospective tenants or buyers.

13. Assignment and Subletting

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

Landlord may request financial information from any proposed assignee or sublessee.

Landlord's Consent Criteria: Landlord's consent to an assignment or subletting shall be based on the financial stability and business experience of the proposed assignee or sublessee, as well as the compatibility of their proposed use of the Premises with the building's overall tenant mix.

14. Default and Remedies

If Tenant fails to pay rent when due, Tenant shall have a grace period of [Number] days to cure the default.

Late Fee: A late fee of [Dollar Amount] shall be assessed for any rent payment received after the grace period.

Landlord's Lien: Landlord shall have a landlord's lien on Tenant's personal property located on the Premises to secure the payment of rent.

Tenant's Right to Cure: If Tenant breaches any other provision of this Lease, Tenant shall have [Number] days after written notice from Landlord to cure the default.

Acceleration of Rent: In the event of Tenant's default, Landlord may accelerate all remaining rent due under this Lease.

Eviction: Landlord may evict Tenant in accordance with Texas Property Code.

Notice Periods: All notices of default and termination shall comply with the statutory notice periods required by Texas law.

Attorney’s Fees: In the event of any legal action to enforce this Lease, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs.

15. Property Return

Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in broom-clean condition, free of all personal property and debris.

Removal of Assets: Tenant shall remove all of its personal property and fixtures from the Premises.

Damage Repair: Tenant shall repair any damage to the Premises caused by Tenant.

Fixtures and Improvements: [Choose One: All fixtures and improvements installed by Tenant shall become the property of Landlord. Tenant shall remove all fixtures and improvements installed by Tenant.]

Security Deposit Return: Landlord shall return the security deposit to Tenant within [Number] days after the termination of this Lease, less any deductions for damages to the Premises or unpaid rent, with an itemized accounting of any deductions.

16. Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Lease through good faith negotiation.

If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation.

17. Governing Law and Venue

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

Venue for any legal action arising out of or relating to this Lease shall be in the county where the Property is located.

18. Electronic Signatures

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 shall be valid and binding to the same extent as original signatures, in accordance with the Texas Business & Commerce Code.

19. Compliance with Laws

Tenant shall comply with all applicable Texas commercial leasing statutes, local zoning requirements, ADA and state accessibility standards, Texas tax regulations, and fire/life safety codes.

20. Texas-Specific Concerns

Disclosure of Ownership: Landlord hereby discloses its ownership structure in accordance with the Texas Business Organizations Code.

Mechanic’s Lien Waivers: Tenant shall provide Landlord with mechanic’s lien waivers from all contractors performing work on the Premises, as required by the Texas Property Code.

Hazardous Materials: Tenant shall not use, store, or dispose of any hazardous materials on the Premises in violation of Texas environmental regulations. Landlord discloses the presence of [Description of Hazardous Materials, if any, e.g., asbestos].

21. Miscellaneous

Non-Waiver: No waiver of any provision of this Lease shall be deemed a waiver of any other provision.

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

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 acts of God, war, terrorism, strikes, or natural disasters, including but not limited to hurricanes, floods, and severe weather events common in Texas.

Confidential Information: [Include clause regarding confidential information if applicable].

Notices: All notices required or permitted under this Lease shall be in writing and shall be deemed to be given when personally delivered, sent by certified mail, return receipt requested, or sent by email (with confirmation of receipt) to the addresses set forth above.

Entire Agreement: This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements, whether oral or written.

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

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

Tenant:

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]

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