Free New York Commercial Lease Agreement

Step 1 of 30

Create your Commercial Lease Agreement
Type of Property being Leased:
- Office
- Building
- Retail Store
- Restaurant
- Industrial
- Warehouse
- Other

Customized Lease
Location of Property:
Different states have different rules and regulations.
Your Commercial Lease Agreement will be customized for .
Type of contract:
- Standard agreement
- Comprehensive agreement

Guarantor
Will a 3rd party guarantee the tenant’s financial obligation?
- Yes
- No
Type of Guarantee?
- Guarantor will sign the lease
- Guarantor will sign separate Personal Agreement
- Guarantor will sign a separate Indemnity Agreement (strongest)
Guarantor Details
Name:
Type:
Street Address:
City:
State:
ZIP code:
Phone #:
Fax #:

Permitted Use
The landlord agrees to rent the property to the tenant only for the following permitted use:
(e.g. restaurant, office, retail store, medical office, dental office, beauty salon,
insurance agency, etc.)
Will the tenant be protected from direct competition on the property (exclusive use)?
- Yes
- No

Parking
Will the tenant receive parking privileges?
- Do not specify
- Yes
- Yes, include description
- No
Parking Description:
(e.g. stall #323 and #324)
Will the tenant receive exclusive access to the parking area?
- Yes
- No
Is there a specific number of parking stalls?
- Yes
- No
Number of parking stalls:

Lease Term
Lease start date:
MM slash DD slash YYYY
The lease will:
- End on a set date.
- Have no set end date.
Date lease ends:
MM slash DD slash YYYY
Lease will renew:
- Monthly
- Yearly
Will the tenant be able to move in before the lease start date? (early possession)
- Yes
- No
Possession (occupancy) date:
MM slash DD slash YYYY

Rent Payment
What day of the week will rent be paid?
What day of the month will rent be paid?

(e.g. first, tenth)
When will the first rent payment be made?
What day of the year will rent be paid?
Specify a payment address?
- Yes
- No
Payment Address
Suite/Unit:
Address:
City/Town:
State:
Zip:

Rent Increase/ Late Payments
Do you want to include built-in rent increases?
- Yes
- No
Describe rent increases:
(e.g. First Year - $1000.00, Second Year - $1250.00, etc.)
Do you want to specify late payment charges?
- Yes
- No
Type of late payment charge:
- Fixed charge per late payment
- Fixed charge per day late
- % of Rent
- Other
Amount of late charge:
Amount of late charge:
Amount of late charge:
Please enter a number from 0 to 100.
Describe the late payment charge:
(e.g. $25.00 plus $2.50 for each day after the fifth day late)

Taxes
Will the tenant be responsible for paying any taxes resulting from their use of the property?
- Do not specify
- Yes
Will the tenant pay any taxes directly to the landlord?
- Do not specify
- Yes
Tenant is to pay which taxes directly to the landlord?
(e.g. sales and use taxes)
Those taxes are:
- Included in rent
- In addition to rent
Will the tenant pay any taxes directly to the government?
- Do not specify
- Yes
Tenant is to pay which taxes directly to the government?
(e.g. business licence fees, etc.)

Insurance Provisions
Would you like to customize the standard insurance clauses?
Landlord Insurance
- Standard clause
- Customize wording
- Do not include
Tenant Insurance
- Standard clause
- Customize wording
- Do not include
Revise Landlord Insurance Wording:
The Landlord will take out or cause to be taken out and keep or cause to be kept in full force and effect during the whole of the term: (a) extended fire and extended coverage insurance on the Building, except foundations, on a replacement cost basis, subject to such deductions and exceptions as the Landlord may determine; such insurance will be in a form or forms normally in use from time to time for buildings and improvements of a similar nature similarly situate, including, should the Landlord so elect, insurance to cover any loss of rental income which may be sustained by the Landlord; (b) boiler and machinery insurance of such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Landlord in the Building (other than such boilers and pressure vessels to be insured by the Tenant hereunder); and (c) comprehensive general liability insurance against claims for bodily injury, including death and property damage in such form and subject to such deductions and exceptions as the Landlord may determine; provided that nothing in this clause will prevent the Landlord from providing or maintaining such lesser, additional or broader coverage as the Landlord may elect in its discretion.
Revise Tenant Insurance Wording:
The Tenant will, during the whole of the term and during such other time as the Tenant occupies the Premises, take out and maintain the following insurance, at the Tenant's sole expense, in such form as used by solvent insurance companies in the jurisdiction where the Premises are located: (a) Comprehensive general liability insurance against claims for bodily injury, including death, and property damage or loss arising out of the use or occupation of the Premises, or the Tenant's business on or about the Premises; such insurance to be in the joint name of the Tenant and the Landlord so as to indemnify and protect both the Tenant and the Landlord and to contain a 'cross liability' and 'severability of interest' clause so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each, and will be for the amount of not less than $1,000,000.00 combined single limit or such other amount as may be reasonably required by the Landlord from time to time; such comprehensive general liability insurance will for the Tenant's benefit only include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease. (b) All risks insurance upon its merchandise, stock-in-trade, furniture, fixtures and improvements and upon all other property in the Premises owned by the Tenant or for which the Tenant is legally liable, and insurance upon all glass and plate glass in the Premises against breakage and damage from any cause, all in an amount equal to the full replacement value of such items, which amount in the event of a dispute will be determined by the decision of the Landlord. In the event the Tenant does not obtain such insurance, it is liable for the full costs of repair or replacement of such damage or breakage. (c) Boiler and machinery insurance on such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Tenant in the Premises. (d) Owned automobile insurance with respect to all motor vehicles owned by the Tenant and operated in its business.
Minimum amount of required tenant insurance:

Landlord Improvements
Will the landlord be required to make any improvements to the property?
- Yes, specify now
- Yes, specify in an attached list
- No
Landlord Improvement
First Landlord Improvement
Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
- Add another landlord improvement
Second Landlord Improvement
Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
- Add another landlord improvement
Third Landlord Improvement
Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
- Add another landlord improvement
Fourth Landlord Improvement
Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
- Add another landlord improvement
Fifth Landlord Improvement Describe the improvement in detail: (e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
Fifth Landlord Improvement

Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
- Add another landlord improvement
Sixth Landlord Improvement Describe the improvement in detail: (e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)
Sixth Landlord Improvement

Describe the improvement in detail:
(e.g. Prior to the Tenant taking possession of the Property, the Landlord will install a standard interior door with a deadbolt at the rear entrance of the building.)

Personal Property Provided by Landlord
Will the landlord provide any movable property (chattels)?
- Do not specify
- Yes
- No
Chattel Details
First Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)
- Add another chattel
Second Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)
- Add another chattel
Third Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)
- Add another chattel
Fourth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)
- Add another chattel
Fifth Chattel Describe the movable property in detail: (e.g. Whirlpool dishwasher serial #AV3444)
Fifth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)
- Add another chattel
Sixth Chattel Describe the movable property in detail: (e.g. Whirlpool dishwasher serial #AV3444)
Sixth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444)

Tenant Improvements
Will the tenant be allowed to make improvements to the property?
- Do not specify
- Yes, with the landlord's written consent
- Yes, specify permitted improvements
Tenant Improvement
First Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
- Add another tenant improvement
Second Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
- Add another tenant improvements
Third Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
- Add another tenant improvements
Fourth Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
- Add another tenant improvements
Fifth Tenant Improvement Describe the permitted improvement in detail: (e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
Fifth Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
- Add another tenant improvements
Sixth Tenant Improvement Describe the permitted improvement in detail: (e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)
Sixth Tenant Improvement
Describe the permitted improvement in detail:
(e.g. The Tenant may replace the flooring in the kitchen provided the Tenant obtains the Landlord's prior consent as to materials to be used.)

Movable Property Provided by Tenant
Will the tenant provide any movable property (chattels)?
- Do not specify
- Yes
- No
Chattel Details
First Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)
- Add another chattel
Second Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)
- Add another chattel
Third Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)
- Add another chattel
Fourth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)
- Add another chattel
Fifth Chattel Describe the movable property in detail: (e.g. Whirlpool dishwasher serial #AV3444.)
Fifth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)
- Add another chattel
Sixth Chattel Describe the movable property in detail: (e.g. Whirlpool dishwasher serial #AV3444.)
Sixth Chattel
Describe the movable property in detail:
(e.g. Whirlpool dishwasher serial #AV3444.)

Signing Incentives
Will the tenant receive a signing bonus?
- No
- Yes, free rent for a limited period
- Yes, specify customized terms
The tenant will receive
month(s) of free base rent.
Describe the signing bonus:
(e.g. $500 improvement allowance for paintings)

Additional Clauses (Optional)
You can add additional clauses if there are some information, details, terms or
restrictions that the lease doesn't have but you wish to include. In most leases, this
is not necessary.
- Add a clause
Additional Clause
First Additional Clause
Additional Clause
- Add another clause
Second Additional Clause
- Add another clause
Third Additional Clause
- Add another clause
Fourth Additional Clause
- Add another clause
Fifth Additional Clause
- Add another clause
Sixth Additional Clause
- Add another clause
Seventh Additional Clause
- Add another clause
Eighth Additional Clause

Required Notice before Evicting Tenant
How many days written notice is the landlord required to give
before evicting the tenant for the following breaches:
Failure to pay rent when due:

days
Any other lease breaches:

days

Lease Renewal
Will the tenant have the option to renew the lease?
- No option specified
- Yes, same terms except rent renews at market rates
- Yes, same terms
- Yes, revise standard clause
Revise the following to suit your needs:
Upon giving written notice no later than 120 days before the expiration of the term of this Lease, the Tenant may renew this Lease for an additional term. All terms of the renewed lease will be the same except for any signing incentives/inducements and this renewal clause.

Signing Details
Agreement to be signed?
- Today
- This Month
- Unsure
- Specify Date
MM slash DD slash YYYY

Skip this step for now

Things You Should Review Before You Sign Your Commercial Lease Agreement in New York

A commercial lease agreement refers to a written legal contract that creates a contractual relationship between the property’s owner/ Management Company or landlord and a tenant or the entity looking to rent the business property or commercial space. The landlord will be paid monthly rent for giving the tenant the right to use the property. This lease agreement is also called a commercial property lease agreement or a commercial rental agreement.

Being legally binding, it is important to understand all the terms of the lease as applicable. While the lease agreement is expected to offer both parties some level of protection, you should not assume that there is a standard commercial lease agreement prepared to favor you. Standard documents are often exclusive of some critical elements.

Location

Before making a lease application, choose an appropriate location for your business. The location selected should meet your business needs, it should be within budget, with a good client base, favorable programs, and you should also check the zoning rules. You should also take note of the location of your potential competitors and the level of human traffic in the location.

Basically, you are looking for commercial space that will meet your business needs. The best way to do this involves checking the space, and the business facilities present then to determine whether or not the space and the available facilities meet your needs or not. Some of the things you should consider include the presence of a waiting room, a reception, library, kitchen, lighting, security, accessibility by people with disabilities, and associated spaces, among others.

Taking into account all these elements of the space will help you determine the operating costs associated with the space, helping you determine the suitability of the space.

Don’t forget to confirm the ownership of the premise or to verify the applicable zoning restrictions.

You also need to check the description of that space. For this, ask for architectural drawings.

Rent Payable

Total rent asked by the landlord is always negotiable. And since there is no standard for rent or regulation for commercial rent charged, don’t accept the first figure thrown your way. Note, however, that specific elements like the market rates will determine how much rent is charged, and how much is deemed the standard figure. Keep in mind that the rent goes up annually as per the contract.

You also need to know that the rent payable in total varies depending on the type of lease you sign. There are four main types of commercial leases recognized statewide and in the commercial rental agreement. They include:
- Gross/ Full-Service Lease

In this lease, the tenant pays for the base rent only, and the landlord pays for everything else. In this case, everything else includes the property taxes, insurance, CAM (common area maintenance), and general property upkeep. Note that this is the least common type of lease contract.
- Net Lease

This can be a single, double or a triple net lease.

Single net lease: it’s an old type of lease where the tenant pays the base rent in addition to property taxes. The tenant pays for their own upkeep, utilities, and janitorial services.

Double net lease: this is another rare type of lease where the tenant pays the base rent in addition to the property taxes and the insurance premiums.

Triple net lease: most landlords prefer this lease because it passes all the occupancy costs to the tenant: the property taxes, insurance premiums, CAM, utilities, janitorial services, and all other costs.
- Modified Gross Lease

This is a hybrid of the gross and the net lease. It is common, and it’s characterized by the landlord paying the taxes, insurance, and CAM, with the tenant paying the base rent and their individual expenses.
- Percentage Lease

In this arrangement, a tenant pays a percentage of their gross income on top of the base rent.

Security Deposit

This is the other element of the rent. Typical security deposit asked is 2 or 3 months’ worth of rent.

Free Rent

This is a negotiable period during which the landlord allows the tenant to use the space rent-free or at a lower fee. The period lasts between 2 and 6 months.

Holdover

If you don’t move out of the commercial space after the term expires, you have to pay for high rent. During a holdover period, the rent charged can be 1.5 or up to 2 times the original base rent charged.

Lease Term

The lease term may be fixed or periodic. With a fixed term lease, the end date is known, and the lease is not renewable. The periodic lease is, however, without an end date but the tenant has an option of renewing the lease.

Before signing your New York commercial lease agreement, know that you do not have legal rights to lease renewal, unless when the clause ‘Option to Renew’ is included in the lease. If the clause is present, the amount of rent payable after lease renewal should be indicated.

Before signing the lease and paying money, confirm that the lease differentiates the commencement date from the effective date. Though used interchangeably in some cases, the effective date (Date of signing) is often different from the commencement date (start of business operations) because you might have to alter and improve the space before you begin operations.

However, the rent commencement date and the commencement date may be similar.

Lease Termination Terms

Before signing the lease, confirm that the termination terms are favorable and that the landlord will not terminate your lease if they decide to sell, rehabilitate, or demolish the building.

Elements that lack statutory protection
- The Duty to Mitigate
- Warranty of habitability
- Subleasing and Assignment

Note: after reviewing the lease, know that the preparation of the commercial lease agreement in New York takes place in four main steps. They include downloading the lease agreement form, reading and filling in the details of the tenant and the landlord, agreeing to the articles in the lease, and signing the commercial property lease agreement.

If you are interested in a lease agreement in New York City, Albany, Rochester, Syracuse, Yonkers, Buffalo, or any other city in New York, download our free commercial lease agreement forms to get started today.

Step 1 of 30

Create your Commercial Lease Agreement

Customized Lease

Landlord Details

Landlord

First Landlord

Second Landlord

Third Landlord

Fourth Landlord

Tenant Details

Tenant

First Tenant

Second Tenant

Third Tenant

Fourth Tenant

Guarantor

Guarantor Details

Leased Property

Property Location

Permitted Use

Parking

Lease Term

Rent Details

per month

per week

every 3 months

per year

Rent Payment

Payment Address

Rent Increase/ Late Payments

Utilities and Other Expenses

Who is responsible for paying the following utilities?

Maintenance

Maintenance that the tenant is to perform or pay for:

Operating Costs

Who is responsible for paying the following operating costs for the property?

Property or Use Taxes

Taxes

Deposit Details

Insurance

Who is responsible for obtaining and paying for the following insurance?

Insurance Provisions

Would you like to customize the standard insurance clauses?

Landlord Improvements

Landlord Improvement

First Landlord Improvement

Second Landlord Improvement

Third Landlord Improvement

Fourth Landlord Improvement

Fifth Landlord Improvement

Sixth Landlord Improvement

Personal Property Provided by Landlord

Chattel Details

First Chattel

Second Chattel

Third Chattel

Fourth Chattel

Fifth Chattel

Sixth Chattel

Tenant Improvements

Tenant Improvement

First Tenant Improvement

Second Tenant Improvement

Third Tenant Improvement

Fourth Tenant Improvement

Fifth Tenant Improvement

Sixth Tenant Improvement

Movable Property Provided by Tenant

Chattel Details

First Chattel

Second Chattel

Third Chattel

Fourth Chattel

Fifth Chattel

Sixth Chattel

Signing Incentives

Customize Standard Clauses

Additional Clauses (Optional)

Required Notice before Evicting Tenant

Lease Renewal