Delaware Commercial Lease: Types, Key Terms To Know, Costs
Quick Facts — Commercial Lease Lawyers
- Avg cost to draft a Commercial Lease: $910.00
- Avg cost to review a Commercial Lease: $700.00
- Lawyers available: 268 real estate lawyers
- Clients helped: 539 recent commercial lease projects
- Avg lawyer rating: 4.97 (91 reviews)
The Delaware commercial lease agreement is a written legal contract that enables a tenant to use commercial property in exchange for rent. The tenant can use the property, such as an office, storefront, or warehouse for various business purposes.
The Delaware commercial lease outlines the terms and conditions, such as the duration of the lease, security, rent amount, penalties for late payment, subleasing, etc. Commercial lease terms are longer with 3 to 5 years than residential leases.
Delaware-Specific Considerations for a Commercial Lease Agreement
Delaware commercial lease agreements must follow the laws under Title 25 of the Delaware Landlord-Tenant Code. Some of the important provisions include,
-
No Surcharges Allowed on Utilities
If a landlord purchases and redistributes services from a public utility to the tenants, the landlord may only charge the tenant the same amount charged by the direct metering of the public utility.
-
Confession of Judgment Prohibited
A 'confession of judgment' is a written agreement, signed by the tenant accepting the liability and amount of damages that was agreed on with which the landlord can enter a judgment with the court without any other legal proceedings. This type of agreement is prohibited and not enforceable under Delaware law.
- Taxes Paid by Tenant
If a tenant pays taxes that are the landlord’s responsibility, without any contractual agreement, the amount of the taxes paid can be deducted by the tenant from the rent.
Key Terms Related to The Delaware Commercial Lease
- Commercial Unit: An occupied or rented structure for commercial and industrial purposes.
- Landlord: The owner or the lessor of a specific property.
- Tenant: The individual entitled to a rental agreement to occupy a specific rental unit.
- Premises: The rental unit, including the areas and facilities, that is held out to a tenant.
- Rental Agreement: A written or oral agreement that establishes the terms, conditions, rules, and other provisions concerning the use of a property.
Conclusion
Consumer protection laws do not apply to commercial lease tenants. That is why owners must approach a lawyer to review all provisions of the lease agreement before finalizing it. If you are searching for a professional lawyer with expertise in lease contracts, visit ContractsCounsel and get the best professional help within seconds.
Frequently Asked Questions
See Commercial Lease by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Commercial Lease Projects
New Jersey Review of Commercial Lease for Dispensary Review
- New Jersey
- 5 lawyer bids
- $700 - $950
Georgia review of business property leasing agreement Review
- Georgia
- 5 lawyer bids
- $750 - $1,650
See all Commercial Lease projects in Delaware
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Commercial Lease?
Meet some of our Commercial Lease Lawyers
Brett S.
I attended the University of Illinois- College of Law on a full merit scholarship. While in law school, I was a 711 Attorney at the Lake County State's Attorney's Office, specializing in traffic and misdemeanor cases. After graduation, I served as in-house counsel for one of the largest insurance companies in the world, managing thousands of cases from initial intake to trial. Upon leaving this position, I accepted a role as Legal Counsel to the Illinois Senate Minority Leader. There, I advised Senators on legislative matters, labor and employment law, and complex constitutional questions. After leaving public service, I accepted a role at a mid-size Chicago-based law firm, where I practice insurance defense and litigation. In addition to this, I also serve as outside general counsel to a food brokerage business, where I handle all of their labor and employment matters.
"Prompt and delivered project on time even with short notice."
July 24, 2023
Andrew T.
I am a lawyer with over 10 years of experience drafting and negotiating complex capital agreements, service agreements, SaaS agreements, waivers and warranties.
John A.
John Arthur-Mensah is a highly skilled attorney with extensive expertise in drafting contracts, information law, international law, insurance defense, and complex civil litigation. Throughout his career, he has demonstrated a keen eye for detail and a strong ability to craft well-structured, comprehensive legal agreements. John's track record includes successfully managing the entire contract drafting process, from initial negotiation to final execution. His proficiency in legal research and documentation enables him to ensure that contracts comply with applicable laws and regulations. With a strategic approach and persuasive communication skills, John excels in negotiating contract terms and providing valuable counsel on contractual matters. Admitted to the Maryland Bar and the United States District Court in Maryland, he is well-equipped to handle a diverse range of legal challenges, making him a valuable asset in contract drafting and beyond.
July 25, 2023
Albert I.
Construction lawyer practicing in Southern California since 1988. Have extensive experience in construction contracts and forms drafting, negotiating. I also serve as counsel for large material suppliers and have extensive experience in commercial transactions, drafting and negotiation of commercial documents including dealerships, NDAs, etc.
Brad B.
Business attorney with over 15 years of experience serving companies big and small with contracting including business, real estate and employment.
July 26, 2023
Nicole W.
At Whalen Legal Group, PC, we strive to ensure that our clients are provided with the highest quality legal representation. Our team is committed to providing you with personalized and effective legal advice. We specialize in Business Law, Estate Planning and Trust, and Real Estate Law and have years of experience in these fields.Our goal is to provide our clients with the best possible service and to ensure that their legal matters are handled with compassion, integrity, and transparency. We understand that every situation is different and we take the time to listen and understand each and every one of our clients’ needs.
November 1, 2023
Luiza D.
I represent business owners throughout California with their business, IP and employment law matters.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Commercial Lease Projects
Review Commercial Lease
"Zachary was prompt, clear, and helpful in reviewing our commercial lease agreement and providing redlines. Would be happy to work with him again."
Review of 30-Page Commercial Lease in California
"Best experience I've had working with a lawyer. Quick and thorough. I will definitely use Alex and his team again."
Flat-Fee Review of Commercial Lease Amendment (Tenant Side)
"I like working with Scott M. He's very thorough and respond back quickly."
Commercial Lease Review – Small Business Tenant (Washington)
"Thank you!"
Commercial Lease Review
"very responsive , rapid turnaround and helpful insights . most importantly best price I found by a mile"
Small Business
Commercial Lease
North Carolina
What's the repair responsibility in a commercial lease?
I am a small business owner in the process of signing a commercial lease for a retail space. I am trying to understand my responsibilities as the tenant regarding repairs and maintenance of the property. I want to make sure I understand what my repair responsibility is in the lease before signing it.
N'kia N.
In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!
Real Estate
Commercial Lease
Florida
What's the force majeure clause in a commercial lease?
I am a small business owner who is in the process of signing a commercial lease for my business. I am concerned about the implications of force majeure clauses in the lease and would like to understand them better. I have read through the clause, but am not sure if it covers all of the situations that may arise and if there are any additional considerations that I need to take into account. I would like to understand the full implications of the clause and any additional steps I should take to protect myself.
Moss S.
Force majeure is a provision that usually allows either party to delay completing an obligation in a lease. Force majeure is described as an act that is beyond the control of either party, such as a natural disaster, terrorism, or pandemic.
Real Estate
Commercial Lease
Florida
How long is a typical commercial lease agreement?
I am a small business owner looking to expand my operations, and I am considering leasing a commercial space. I understand that commercial lease agreements vary in length, but I am unsure how long the typical agreement is. I would like to know this information so I can better plan for my business needs and budget.
Moss S.
The term of a commercial lease typically is no less than 3 years, and could be either 5 or 10 years. Both the Landlord and Tenant usually like long term leases.
Commercial Real Estate
Commercial Lease
Massachusetts
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.
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.
Real Estate
Commercial Lease
Florida
What's permitted alterations in a commercial lease?
I am a small business owner looking to rent a commercial space for the first time. I am considering signing a commercial lease and want to know what kind of alterations are allowed in the agreement. I would like to avoid any potential legal issues or disputes in the future by clarifying what is permitted before signing the lease.
Moss S.
Usually permitted alterations are cosmetic, and non-structural in nature. Often times the Landlord will require the Tenant to submit plans, or in the alternative the lease will describe the fit and finish that would be allowed.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Commercial Lease?
Real Estate lawyers by top cities
- Austin Real Estate Lawyers
- Boston Real Estate Lawyers
- Chicago Real Estate Lawyers
- Dallas Real Estate Lawyers
- Denver Real Estate Lawyers
- Houston Real Estate Lawyers
- Los Angeles Real Estate Lawyers
- New York Real Estate Lawyers
- Phoenix Real Estate Lawyers
- San Diego Real Estate Lawyers
- Tampa Real Estate Lawyers
Delaware Commercial Lease lawyers by city
ContractsCounsel User
PB commercial lease agreement
Location: Washington
Turnaround: Less than a week
Service: Contract Review
Doc Type: Commercial Lease
Page Count: 10
Number of Bids: 7
Bid Range: $450 - $2,950
ContractsCounsel User