Last Updated March 27, 2024
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What is a Commercial Rental Agreement?
A Commercial Rental Agreement is a contract you use to rent business property to or from another individual or company. This document outlines the terms and conditions of the tenancy, including the rights and obligations of the landlord and tenant.
Generally, a standard commercial lease includes information about the landlord, tenant, guarantor, rent, lease term, and any additional information that constitutes a term or condition of the lease.
A comprehensive commercial lease is more inclusive and allows for precise specifications of the lease terms. A standard lease is more general and only includes necessary clauses.
A Commercial Rental is also known as a/an:
- Commercial property lease
- Commercial lease agreement
- Business lease
- Industrial lease
- Commercial real estate lease
- Office space lease
If you’re looking to create a lease for a residential property, use LawDepot's Residential Rental Agreement.
How do I write a Commercial Rental Agreement in India?
You can easily create a Commercial Rental Agreement by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps.
1. State the type of commercial property
Start your Commercial Rental Agreement by selecting the type of property. The options include:
- Building
- Industrial
- Office
- Restaurant
- Retail store
- Warehouse
2. Select the type of lease
Choose between a standard or comprehensive agreement.
The standard version of the commercial lease contains all the essential terms for creating a legally binding contract but doesn’t allow you to revise the standard clauses. Most people only require a standard Commerical Lease Agreement.
The comprehensive version is a highly detailed and customisable lease agreement designed for those who need more control over the contract’s wording.
Provide the names and phone numbers of all the parties involved in the Commercial Rental Agreement:
- Landlord: The person or entity who owns the property and allows the use of the space in exchange for rent.
- Tenant: The person or business who signs the commercial lease and is responsible for paying rent.
- Guarantor (if applicable): The person liable to the landlord for any breach of the agreement by the tenant. They can’t be a tenant.
- Property manager (if applicable): The person who deals with the tenant and manages the property on behalf of the landlord, typically in return for a fee.
4. Outline details about the property
Provide as many details as you have available in your commercial lease. Generally, it’s not necessary to describe the property using more than the property address. However, providing additional details can prevent disputes by further clarifying the property’s boundaries.
Additional details can include:
A diagram of the property
The property’s area in square feet or metres
A legal description of the property
Any other details about the property
5. Permitted use
Describing the permitted use of the property in the commercial lease helps prevent disputes and confusion over what is considered acceptable use of the property.
Determine and outline whether the tenant will have exclusive use and protection from direct competition on the property. A direct competitor is someone who operates a similar business on the same property as the tenant.
6. Outline the tenant’s parking privileges
Describe the parking area at the property location in the Commercial Rental Agreement. It’s common for commercial buildings to have designated parking spots for the businesses inside them.
7. Set the length of the agreement
Generally, leases outline fixed-term or periodic tenancies.
Fixed-term
A Commercial Rental Agreement with a fixed-term will end on a set date. It can benefit both the landlord and tenant because the terms and conditions stay the same for the lease’s duration.
The landlord doesn't have to worry about the tenant breaking the lease early without breaching the agreement because the tenant is responsible for paying rent for the entire length of the agreement. On the other hand, the tenant doesn't have to worry about the rent increasing in price unless the lease includes terms that allow rent increases.
If the tenant remains past the specified date, the landlord can either:
- Create and sign a new lease with the tenant
- Start eviction proceedings against the tenant
- Continue the tenancy as month-to-month with the same terms as the expired fixed end date lease
Periodic
A periodic tenancy continues until the landlord or tenant terminates the lease. In our template, the terms to choose from are:
Under periodic tenancies, landlords and tenants must give notice of their intention to terminate as specified by local laws. At the end of the notice period, the tenant must move out, or the landlord can start eviction proceedings against the tenant.
A landlord can usually raise the rent or change the lease terms in periodic agreements by providing proper notice as required by law.
Early possession
Some landlords may allow tenants to take possession of a rental property early. In this case, state the date the tenant is allowed to enter the property if it differs from the date the lease begins. There are occasions where the landlord grants early possession to the tenant to make any necessary changes to the property.
8. Decide on a method for rent payments
State the type, cost, date, and how often the tenant will pay rent. If the landlord intends to charge for late payments, include the interest rate that will apply as a penalty.
Choose from the three types of rent:
- Gross rent: Gross rent is where the total rent is a fixed base rent without any additional costs charged to the tenant.
- Net lease: Net lease is where the tenant is responsible for the fixed base rent plus some additional costs. These costs can include certain operating costs or a portion of all the landlord’s outgoings for the building and common areas.
- Gross rent plus all operating costs: This is where the tenant pays a fixed base rent plus the outgoings.
Outgoings are the routine costs of renting business space, such as utilities, maintenance, insurance, and cleaning.
9. Outline who will pay for services and amenities
Decide which utilities and services the landlord and tenant will each pay. There’s also the option of the tenant paying the landlord, who then pays the service provider. The cost of utilities is usually separate from the price of rent unless specified otherwise in the lease agreement.
Utilities and services generally refer to:
- Electricity
- Water
- Sewer
- Telephone
- Internet
- Cable TV
10. Decide who is responsible for maintenance
Maintenance of a commercial property may include upkeep of grass and gardens, pavement and driveways, and light fixtures. Decide and state if the tenant or landlord will be responsible for maintaining the property.
11. Outline deposit details
State if the tenant will pay any deposits before gaining possession of the property.
Prepaid rent
Prepaid rent is a rent payment made to the landlord at the outset of the lease, which the landlord holds as security for the applicable rent payments.
Security deposit
A security deposit is a payment made to the landlord at the beginning of the lease. The landlord holds the deposit for damages. It’s a refundable sum of money the tenant pays to the landlord to guarantee they will fulfil their lease obligations.
The landlord may use the deposit to cover damage caused by the tenant or failure to pay rent. However, the deposit doesn’t cover normal wear and tear.
Inspection report
An effective way to determine whether a tenant will receive their security deposit is by completing an inspection report. An inspection report is a written record of the property's condition when the tenant takes possession. A second inspection is done at the end of the lease to compare the property's current state to when the tenant initially gained possession.
12. Sort out insurance details
Use a standard agreement to have the standard insurance clauses. It allows you to state who is responsible for insuring the property and its contents between the landlord and tenant.
If you wish to modify some terms, use a comprehensive agreement to change the wording of the standard clauses. You can then edit the paragraph in the text box to change the terms to suit your needs.
13. State who pays the stamp duty
Decide which party will be responsible for paying the stamp duty on the property.
Stamp duty is a tax on single property purchases or documents. The amount of the stamp duty is based on a percentage of the property value and varies among India’s states and territories.
Laws related to stamp duty are governed by The Indian Stamp Act, 1899.
14. State who is responsible for property improvements
Landlord improvements
A landlord improvement is an improvement to a property completed by the landlord. They are any expense that contributes to the permanent improvement of the leased property.
Tenant improvements
Tenant improvements are permanent improvements made by the tenant to the property.
15. List the moveable property (chattel) details
List the moveable property that each party will provide.
Moveable property is any personal items that aren’t significantly attached to the property, such as curtains, microwaves, lamps, desks, and personal computers.
16. Signing incentives
A signing incentive is any incentive given to the tenant in exchange for entering the lease agreement. A typical example is a period of free rent, such as one month free.
17. Customise standard clauses
Customising standard clauses is an option in the comprehensive version of a Commercial Rental Agreement.
Revising a standard clause is optional and should be done if you have a specific need or requirement that the standard clauses don’t address.
18. State the required notice for evicting a tenant
A landlord can provide the tenant with a written notice to inform them of any significant changes to the lease terms, such as an eviction notice or increase in rent. You must state how many days notice the landlord needs to give the tenant before eviction for failing to pay rent or breaching the lease in any other way.
A written notice has specific legal requirements for the manner and time it's given to the recipient. Usually, written notice must be delivered in person, by registered post, or affixed to the door of the premises. The period within which you need to provide the notice before pursuing an eviction will depend on the laws in your state. Consult your local laws before delivering written notice to ensure you meet all requirements.
State how many days notice the landlord needs to give the tenant before eviction for failing to pay rent or breaching the lease in any other way.
19. Outline renewal options upon expiry (for fixed-term leases)
A Commercial Rental Agreement has the following renewal options for the landlord and tenant to choose from:
- No option specified
- Same terms
- Same terms except rent renews at market rates
- Revise the standard clause
When the lease term is for a fixed period, the lease will automatically close at the end of that period. The tenant must then leave the property. However, renewing the lease is an available option if the landlord and tenant wish to continue the rental relationship.
20. Outline miscellaneous details
The landlord and tenant can add additional terms and details as needed. These details may outline rights and obligations regarding:
- Subletting the property
- Legal costs of resolving disputes
- Pets on the property
- Carpet cleaning
- Damages and liabilities
21. Provide the signing details
Provide the date the landlord and tenant will sign the Commercial Rental Agreement.
Your commercial lease may be required to be printed on stamp paper. Check with your local authority to confirm.
Can a Commercial Rental Agreement be terminated early?
Yes, a Commercial Rental Agreement may be terminated early in certain circumstances.
The landlord can break the lease if the tenant breaches the terms and conditions of the commercial lease. While it’s usually preferable that the two parties come together to negotiate a solution to the problem, the landlord has no obligation to do so. A lease can also end if both parties agree to terminate the agreement.