Free Wisconsin 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

Everything You Need to Know About The Commercial Lease Agreement in Wisconsin

The commercial lease agreement in Wisconsin is a legally binding contract between a commercial property’s landlord and a tenant. The contract stipulates the rights and the responsibilities of the parties, as well as the terms for the agreement. As a result of the weightiness of the issues protected by the commercial lease agreement, you need to understand what all the provisions in the lease mean and how they will affect your business. In the state of Wisconsin, Administrative Code's ATCP 134 contains all the provisions that apply to the agreements between landlords and tenants in commercial leases. These provisions are aimed at ensuring fairness of the terms of the agreement while enhancing dispute resolutions strategies given the fact that the commercial lease agreement is not as protective of tenants as the residential leases.

Legal provisions addressed by Act 143 in commercial leases include:
- The moratorium used on the eviction of tenants in the commercial property.
- The procedures for disposing of abandoned property
- The severability of the provisions of the commercial rental agreements.
- The act provides leeway for landlords to receive holdover damages should they be called
- The act also establishes the procedures and the rights on the receipt of any past due rent.
- It sets the parameters within which landlords may withhold the security deposits, as well as the procedures for returning the security deposit.
- This act also sets the conditions for when Chapter 704 is a violation and when the violation may be treated as a seemingly unfair trade practice.

Essential Elements of The Commercial Lease Contract

The terms and the conditions of commercial leases are not set in stone, and they are mostly negotiable. But, without an understanding of the terms of that lease and your options, it’s easy to make an expensive mistake. The lease elements you should be aware of include:

Lease Term

How long is the lease going to last? Is that period adequate for your business growth? Can you renew the lease after the end of that term? How will the terms of the lease change upon renewal?

Asking these questions will help you choose a lease whose term meets your business needs well. Note that the suitability of a lease often depends on the business level of growth – most startups and small business need short-term leases with the lease renewal option given the level of uncertainty associated with the business. A well-established business, on the other hand, runs well with a long-term Wisconsin commercial lease agreement. Keep in mind that the lease may be fixed-term or periodic. Fixed term leases have a predetermined end date, and neither party has to issue a lease termination notice.

On the other hand, the period lease lacks a predetermined end date, and either party can issue a lease termination notice to terminate the lease. While the change of terms and increase in rent is expected in most periodic leases, the change must be provided for in the fixed lease. Otherwise, the lease remains as it was.

Types of Leases in Wisconsin

Leases may also be differentiated by the rental payments and expenses shouldered by tenants.

Gross lease: In this arrangement, the tenant pays a fixed monthly base rent only, and the landlord caters for other property expenses and fees.

Net Lease: this lease allows the landlord to distribute the property expenses and fees to their tenants. The tenant may bear all or some of the expenses. These expenses include property taxes, insurance premiums and common area maintenance fees (CAM). The most common type of net lease is the triple net lease. Landlords prefer it because the tenant pays the base rent in addition to the cost of property taxes, insurance, CAM, utilities, and janitorial services.

Modified Gross Lease: this is a hybrid of the gross and the net leases. The tenant pays the base rent in addition to a portion of the property expenses.

Percentage lease: in this lease, the tenant pays the base rent in addition to a percentage of their gross income/ profit.

Other essential elements include:
- The description of the property
- Permitted uses of the commercial premise
- Tenant improvement
- ADA compliance

Remedies to Tenant Breaches

The tenant breaches may be monetary (failure to pay rent and other fees) or non-monetary (failing to open or operate, filing for bankruptcy, unlawful operations, or conducting liquidity sales, among others).

For the monetary breaches, the best remedy would be setting policies to prevent the breach from happening by having a provision stating that the landlord may recover future rent even if the tenant no longer possesses them, and that the tenant may accelerate the rent/ recover the difference and other reasonable costs once they re-rent the premises. For non-monetary breaches, the landlord may have to carefully consider whether or not the tenant has rights under the signed commercial lease to cure certain breaches like restricted use or failing to operate. In most cases, the tenant doesn’t have the right to cure if they fail to open.

Note that the commercial property lease agreement or your business lease agreement should also have a statement granting the landlord the right to mitigate its damages, and they should also take the most reasonable actions to diminish their losses.

To get started with commercial leases in Madison, Green Bay, Milwaukee, Appleton, La Crosse, Racine or any other city in Wisconsin, get our commercial lease agreement forms today at no cost.

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