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,
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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.
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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.
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Meet some of our Commercial Lease Lawyers
Jonathan M.
Owner and operator of Meek Law Firm, PC. Meek Law Firm provides comprehensive business law representation, precise and informed representation for real estate transactions in the commercial and residential markets of North and South Carolina and efficient succession and estate planning for business owners and individuals.
David A.
Graduated UF Law 1977. 40 years experience in Family Law/Divorce and Prenuptial Agreements. Rated "AV Preeminent" By Martindale Hubble, the oldest lawyer rating firm in the USA. Top 5% of attorneys in Florida as reviewed by Judges and other Lawyers (not client reviews). Personal prompt service and easy to contact--available 24/7. Good negotiator and very personable. My clients are my priority.
January 18, 2023
Dayton M.
Business Law - Criminal Defense - Immigration
January 23, 2023
Charles K.
~ Charles Kramer - Technology, Contracts and Intellectual Property Attorney ~ www.linkedin.com/in/charleskramer I am a New York corporate and technology attorney. My experience includes: - representing high-tech companies (including software, military, manufacturing and computer game companies) in connection with negotiating and drafting (1) toolkit, enterprise, Saas, PaaS and other complex agreements and licenses with companies around the world; (2) joint-venture, sales, publishing and distribution agreements; and (3) general corporate agreements. - 5 years as General Counsel of a software company (and many more years representing it as outside counsel); - 3 years as an associate in the Wall Street law firm of Lord, Day & Lord (then the oldest law firm in New York City practicing under the same name); and - speaking at conferences on legal issues including at the annual Game Developers Conference and Miller Freeman's Digital Video Conference. I am comfortable working in areas where the technology -- and the related law -- are new. My recent work includes working as a contract attorney (extended on a month-by-month basis) as American counsel for a publicly traded Swiss industrial corporation with responsibility for drafting form contracts for its planned "industrial internet of things" digital services. Accordingly I am comfortable working in a corporate environment using modern collaboration tools. Charles Kramer (917) 512-2721 (voice, voicemail, text)
January 23, 2023
Joseph M.
Joe provides premium legal services to both individuals and businesses throughout the Commonwealth. Experience litigating civil and criminal matters, as well as drafting/negotiation transactional issues involving contracts, real estate, business formation, estate planning and more. Prior to entering private law practice, Joe worked for two decades in financial industry including regulatory and compliance for both national and regional banks and investment firms.
January 26, 2023
Judi P.
Driven attorney with a knack for alternative dispute resolution, real estate, corporate law, immigration, and basic estate planning, with superb people skills and high emotional intelligence, and for working smart and efficiently, as well as time and financial management skills to deliver excellent legal work and solutions to legal issues. Seasoned with 20+ years of law firm and legal experience (real estate/corporate).
January 26, 2023
Brittany T.
Brittany is an experienced attorney specializing in transactional and complex contract matters including but not limited to SaaS development and product implementation, technology/data agreements, licensing, and compliance. She has over 7 years of experience providing strategic legal advice to individuals and business clients of all sizes, from start-ups to large corporations. Brittany has a strong understanding of the legal issues related to technology and software and is well-versed in drafting and negotiating contracts ranging from software licenses to data sharing agreements. She is a highly-skilled negotiator and is adept at finding creative solutions to challenging legal issues.
Find the best lawyer for your project
Browse Lawyers NowReal Estate
Commercial Lease
Florida
Need flat rate to do sub lease Kiosk at mall in Miami
Renting Kiosk as a sub leaser, need to verify contract and seeking a Flat rate.
Moss S.
I have been a commercial real estate attorney for over 30 years. I can review the agreement, and negotiate and draft any revisions. Considering it is in a mall, I am guessing that it is with a major retail landlord which would require review of the underlying lease. I can give you a flat rate once you request a proposal.
Landlord
Commercial Lease
Ohio
Can the rent be increased during the lease term?
I am an entrepreneur who is looking to rent a commercial space for my business. I recently found a space that fits my needs and the landlord is offering a lease agreement. I am wondering if the rent can be increased during the lease term, as this could have a significant impact on my business. I understand that the lease agreement may contain provisions that allow for rent increases, but I would like to confirm this before signing the agreement.
Jeffrey K.
The lease agreement should specifically provide when and in what amount any rent increases would occur. Usually on a lease with a five year term, rent would increase yearly. If you have a build out credit, you may have free rent for a term if you pay for the build out. If it is a net lease, meaning you pay rent and, either taxes, insurance and/or common area maintenance, you would have a base rent plus the other fees that could increase during the initial lease term usually yearly, but it could be more than one time a year if the costs of these items increase. The rent would also likely increase yearly. If the lease is a gross lease, you will have one monthly rental payment that would increase (most likely) yearly.
Real Estate
Commercial Lease
Texas
Should I use a lawyer for commercial lease?
It is a very long lease and I'm not sure what it says. I also don't want to pay a fortune to have it reviewed to eat into my budget.
George O.
Yes! Before signing any contract/agreement/lease, or anything that appears to be a binding agreement, it is worth the money to have a lawyer review it. I charge a flat fee to review any and all agreements, so my clients know up front what they are paying, and they consider it a cost of doing business. The alternative, i.e. not having a lawyer review your agreements prior to signing, can be, and usually is, exponentially more expensive should a conflict arise (and they often do).
Contracts
Commercial Lease
New York
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.
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.
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!
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