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Alabama Commercial Lease

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An Alabama lease agreement is a lawful contract between an individual or business that holds the commercial property or the landlord and the individual or organization who will rent the commercial property or the tenant. In addition, most commercial lease contracts in Alabama are known as a sublease, indicating the lessor is leasing out a part of their real estate property.

Furthermore, when the lessor consents to rent a portion of their property that the tenant can use for commercial purposes, this contract becomes a legally binding agreement in Alabama. However, before entering a commercial lease, the lessor generally demands a personal guarantee if a company owns few assets or was created recently. This individual guarantee puts the liability and obligation on the business owner for the lease contract's execution.

How to draft Alabama Commercial Lease?

As you write a commercial lease contract for use in Alabama, it is necessary to comprehend that the procedure will usually undergo various modifications and drafts. In addition, you must begin the procedure by agreeing orally on several fundamental issues:

  • Base rent
  • Lease term
  • Renewal options

Furthermore, your lease contract should comprise a title with the official addresses and names of the lessee and lessor. Subsequently, you can incorporate any of the following areas into your Alabama commercial lease term:

  • Explanation of premises being rented
  • Agreement provisions
  • How the premises being rented will be used
  • Renewal choices
  • Specified security deposit
  • Expenses and rent sum (include whether the agreement is modified gross, gross, or triple net)
  • Default on rent (the fine for a late fee)
  • Modifications the tenant is entitled to make
  • Any extra miscellaneous provisions of the agreement
  • Contact data for the landlord and tenant for statutory purposes
  • Signature from each person (for corporate lease contracts, the signatures should be certified by a notary public)
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Another alternative for your Alabama commercial lease contract will include the following:

  • Agent's name (if applicable)
  • Lessor's name
  • Tenant's name
  • Lease terms
  • Description and use of the land being leased
  • Base and extra rent sum
  • Late payments
  • Required security deposit amount
  • How lessee will take control
  • Provisions of the premises being leased
  • Waiver from the agent (if relevant)
  • Nuisance
  • Repairs managed by the lessor
  • Outside spaces and roof condition
  • Showing and inspection provisions
  • Maintenance, repairs, compliance, and utilities by the tenant
  • Improvements, alterations, signs
  • Whether the leased property holds any liens
  • Any faults of the premises being leased
  • Indemnity and general liability insurance
  • Default circumstances
  • Default attorney costs and fees, waiver of exemptions, and rent acceleration periods.
  • Re-letting and vacation of the property
  • Additions and modifications of the property by the landlord
  • Re-entry and No bar
  • Fire and other damages
  • Lease term fee provision, requirements, undertaking, and transfer
  • Contract for agent's commission (if relevant)
  • Demands and notices
  • Subrogation rights waiver
  • Hold harmless agreement
  • Holdover
  • Condemnation and prominent domain
  • Provisions for cleaning the leased property when the agreement is terminated
  • Attornment and subordination
  • Insurance and taxes
  • Addendum clause
  • Requirements for the use of dangerous materials on the leased buildings
  • Terms of the lease
  • Legally binding effect of the contract
  • Meaning of the term "landlord" or "lessor".
  • Statutes and rules
  • Commission to sign the legal contract
  • The waiver from the Birmingham Association of Realtors, the release of lawsuits and disclaimer, and signatures of the landlord, tenant, and agent (if applicable)

And upon signing the contract, people involved in contract execution should obtain an original copy. Likewise, when the contract is implemented, the tenant should pay the demanded security deposit and obtain access to the commercial property based on the lease provisions. However, if you wish to use a simplified arrangement of the Alabama commercial lease agreement, it should comprise the following:

  • Terms of the lease
  • How will the tenant use the property
  • Rental terms
  • Terms for sublease and assignment
  • Repair requirements
  • Utilities
  • Insurance
  • Modifications and alterations
  • Required property taxes
  • Addition of signs
  • Rules of the facility or property
  • Condemnation
  • Entry allowance
  • Parking
  • Quiet Possession
  • Subordination
  • Security deposit required
  • Notice

If you wish to lease a commercial property in Alabama, our expert attorneys at ContractsCounsel are there to help you. So get in touch with our team now and discuss your lease terms with our professional lawyers.

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As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.

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Real Estate

Commercial Lease

California

Asked on Apr 21, 2023

What's the property description in a commercial lease?

I am a small business owner who is looking to lease a property for my business. I am currently reviewing a commercial lease and am trying to understand what is included in the property description in the lease. I am hoping to gain more clarity on what the property description entails and how it affects my business.

Gagandeep K.

Answered May 24, 2023

A property description in a commercial lease has to sufficiently identify the extent and boundaries of the property being leased. For example, it can be described by a map reference or by metes and bounds, or include a description such as "that certain building on the south-westerly corner of California and Larkin Streets." The commercial lease will include defined terms such as "Building," "Property," and "Premises". The defined terms define/describe the "Property" on which the "Building" is located which has the "Premises"/"Space" that is being leased. A sample definition of is Property Description in a Commercial Lease: ""Property" means the real property on which the Building is located together with the Building and all appurtenant fixtures and personal property of Landlord used in the operation of the Building and/or the Property, and any other improvements now existing or hereafter constructed thereon[, including the parking lot, walkways, and landscaped ground as depicted on the site plan attached hereto as Exhibit [LETTER]]."

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Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 27, 2023

What are the notice requirements for terminating the lease?

I am a business owner who recently signed a commercial lease for a property. I am looking to terminate the lease but am unsure of the notice requirements I must adhere to in order to do so. I would like to know what the notice requirements are for terminating the lease so that I can ensure I do not breach the terms of the lease.

Michael C.

Answered Jun 1, 2023

The notice requirements for terminating a commercial lease in Maryland are going to vary depending on the specific terms of your lease agreement. Please read and refer to your lease. If your lease is month to month, then it's likely you'll have to provide at least 30 days notice. If your lease is for a longer term (6 to 12 months), it's likely you'll have to provide at least 90 days notice, and may need to pay damages for breach of the lease agreement.

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Contracts

Commercial Lease

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Asked on Apr 25, 2023

What's the entire agreement clause in a commercial lease?

I am a small business owner who recently signed a commercial lease for my business premises. I am concerned about the “entire agreement” clause in the lease, as I am not sure what it covers and what the implications are for me and my business. I am looking for clarification on the clause and any potential risks associated with it.

Matthew S.

Answered Apr 27, 2023

This is a contractual provision which aims to prevent the party relying on it from being liable for any statements or representations (including pre-contractual representations) except as expressly set out in the agreement. It generally precludes the introduction of parol evidence or evidences of other agreements that are not in writing.

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Commercial Real Estate

Commercial Lease

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Asked on Apr 17, 2023

Can the tenant assign the lease to another business?

I am a business owner who recently signed a commercial lease for a retail space. I was recently approached by another business who is interested in taking over my lease, and I am wondering if I am able to assign the lease to them. I am looking to understand the legal implications of assigning the lease, as well as any other requirements or restrictions I should be aware of.

Joseph M.

Answered May 12, 2023

In Massachusetts, a commercial tenant can assign or sublet the unit to a third party - UNLESS there is a specific prohibition in the current lease. However, even if there is such a prohibition, it might still be worth speaking to the landlord about since it might be mutually beneficial.

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Real Estate

Commercial Lease

Ohio

Asked on Apr 20, 2023

How is the lease renewed at the end of the lease term?

I am a small business owner who recently signed a three-year commercial lease for my business. I am looking to understand the process of renewing the lease at the end of the three-year term. I am interested in learning more about the process, the timeline, and what I need to do to ensure that I can continue to operate my business at this location.

Paul S.

Answered Apr 21, 2023

If your lease has a renewal option, then you renew by following that process, which involves giving notice during the specified time frame. If you did not include a renewal option in your lease, then you'll need to contact the landlord 6-12 months before the end of the term, and inform the landlord that you want to renew the lease. Then you'll have to negotiate the terms with the landlord.

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