An Idaho commercial lease is a legal document that establishes the rights, obligations, and responsibilities of an owner and tenant for leasing industrial, office, and retail space. The document includes provisions about lease terms, security deposits, rent, subleasing, exclusivity, and more. In Idaho, a commercial lease can't exceed five years unless there is an option to renew.
Disclosures Required for an Idaho Commercial Lease
Lead Paint Disclosure
Federal law states that buildings built before 1978, must have a lead paint disclosure, as this type of paint has detrimental effects on children and pregnant women. Hence property owners must disclose the presence of lead to tenants before signing the lease.
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Landlords must also be aware that:
- The initial agreement cannot include a provision that requires the tenant to pay taxes or insurance on the property.
- The landlord cannot ask for any security deposit or other charge that exceeds one month's rent. If the tenant wants to make changes to the building, he must first get approval from the landlord before doing so.
- The landlord isn't allowed to enter the property without permission from the tenant unless there is an emergency situation requiring access.
Things to Consider While Signing an Idaho Commercial Lease
The following are the key elements that you should check before signing:
- Length and condition of the lease
- Amount of security deposit
- Amount of prepaid expenses
- Damage deposits
- Rent payment schedule
- Utilities
- Other fees
- Condition of building
- Repair and maintenance
- Separate parking fee
Key Terms
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Exclusivity Clause
An exclusivity clause is a provision in a lease contract that restricts the lessee's ability to sublease, assign or transfer the lease. If you don't have an exclusivity clause and you want to sublease your commercial property, your landlord might be able to block your attempts.
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Renewal Option
A renewal option is a provision in a lease contract that allows the lessee (the tenant) to renew his or her tenancy in the property upon the expiration of the initial term (typically five years).
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Meet some of our Idaho Commercial Lease Lawyers
James M.
Reproductive law attorney focused on reviewing surrogacy contracts and sperm/egg/embryo donation contracts.
October 21, 2021
Reuben O.
As an entrepreneur at heart, I enjoy working with business owners and executives on a variety of corporate matters, including mergers and acquisitions, corporate financing, corporate governance, public and private securities offerings, privacy regulation and early-stage corporate matters including formation. As a lawyer and business professional, I understand the value of providing personal service and focused legal answers to clients navigating a rapidly changing regulatory environment. Whether in Aerospace, Consumer Goods, or Technology, I find great success in work collaboratively with clients to strategical structure their business or implementing strategic growth-oriented financing opportunities.
June 28, 2023
Shanon G.
Have experience in contract, family law, municipality work, criminal defense, litigation, some wills and estates as well. Been practicing law for over 22 years.
July 26, 2023
Zachary D.
Helping small business owners meet their legal needs.
July 31, 2023
Daniel W.
In my thirteen years of practice, I've had the opportunity to argue cases in state, federal, and tribal courts; in subjects as diverse as gaming, land tenure, water rights, treaty rights, finance, employment, criminal defense, conflict of laws, and tort (among others). But the real value I brought my clients came through avoiding litigation, fostering relationships, and developing long-term strategies.
August 9, 2023
Todd B.
10 years of experience in business, tech and privacy law at large and small law firms and in-house. Graduated from a top-10 law school and worked at an AmLaw 100 law firm in Washington DC before returning to Idaho in 2015. Currently running a faith-based non-profit law firm for people engaged in local recovery programs.
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Browse Lawyers NowMeet some of our other Commercial Lease Lawyers
November 10, 2021
Josiah Y.
Attorney licensed to practice in both California and New York, Josiah is focused on helping people understand what's in their contracts, and do business with confidence.
Real Estate
Commercial Lease
Texas
What is a triple net lease?
I want to understand these better.
George O.
A triple net lease designates the tenant (lessee) as having the sole responsibility for any and all costs associated to the asset being leased in the agreement, with those costs being the net real estate taxes on the leased asset, net building insurance, and net common area maintenance. The lease received its name from the three “net” fees and may also be called a Net-Net-Net Lease.
Commercial Real Estate
Commercial Lease
Maryland
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.
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.
Real Estate
Commercial Lease
Florida
What's the parking situation in a commercial lease?
I am currently in the process of signing a commercial lease for a retail store and I need to know the parking situation that is included in the lease. I have read through the lease and I'm not sure if the parking is included or if I have to arrange it myself. I need to know if I will be able to provide adequate parking for my customers and employees.
Diane D.
The only way to answer this question is to have an attorney read the lease.
Commercial Real Estate
Commercial Lease
North Carolina
How is the rent determined in a commercial lease agreement?
I am a small business owner looking to rent a space for my business. I am currently in negotiations with the landlord of a commercial property and we are discussing the terms of the lease agreement. We have reached a point where we need to discuss the rent and how it will be determined. I need to understand more about how rent is determined in commercial leases so that I can negotiate a fair and reasonable agreement.
N'kia N.
In North Carolina, commercial rent is commonly calculated as a set dollar amount per square foot. This dollar amount is usually based on factors like location, age, condition, accessibility, and amenities. However, there is no requirement for rent to be determined this way. Unlike a residential lease agreement, the terms of a commercial lease agreement can be almost anything that the parties mutually agree to. As a word of caution, in North Carolina, commercial tenants do not have the same degree of legal protections as residential tenants. For just one example, a tenant who wishes to terminate a commercial lease early may be responsible for the entire remainder of the rent unless the lease agreement says otherwise.
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.
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