Indiana Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers

An Indiana commercial lease is a contract between a tenant and a landlord. The tenant can be an individual or a business entity. The main purpose of a commercial lease is to give the landlord the right to use the property for a specific period of time and to collect rent from the tenant during that time. The tenant is responsible for paying all expenses related to operating the business, including taxes and insurance, as well as any other costs that arise due to normal wear and tear on the property.

Different Types of Indiana Commercial Lease

There are two main types of commercial leases: gross and net.

  1. Gross Lease

    A gross lease is a lease that only requires the tenant to pay for the space occupied. The landlord pays for all utilities, taxes, and maintenance costs. Gross leases are most common in office buildings where tenants expect to have access to shared amenities such as elevators, heating and air conditioning systems, and reception areas.

  2. Net Lease

    A net lease is a type of commercial lease that allows the tenant to pay for the building’s operating expenses. A net lease is also referred to as a “triple net” lease because it requires the tenant to pay for all property taxes, insurance, maintenance and repair expenses, utilities and other costs associated with keeping the building up and running.

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Key Terms Related to Indiana Commercial Lease

  • Security Deposit

    A security deposit is a payment made by a tenant to the landlord as an assurance that the tenant will fulfill the terms of their lease. Security deposits are usually refundable, but sometimes they are not.

  • Subleasing

    Subleasing is an option available to tenants under a commercial lease in Indiana. It allows the tenant to rent out all or part of the leased premises to another party.

    The sublease must be in writing and signed by both parties. The sublease must also be approved by the landlord, who may charge a fee for its approval. The landlord's reason for denying approval can't be arbitrary or discriminatory.

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Jeff G.

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Jeff has 25 years of commercial transactional experience within numerous industries, including finance/banking, telecommunications/utilities, insurance, and software. He is a recognized authority on contracts, software licensing and negotiation. Jeff earned his Juris Doctorate from Valparaiso University School of Law and his Masters in Business Administration from North Carolina State University and is licensed to practice law in North Carolina and Indiana.

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I am a business attorney focused on practical, efficient contract drafting, review, and negotiation for healthcare organizations and growth-stage and established businesses. My work includes commercial agreements such as NDAs, MSAs/SOWs, leases, vendor and services agreements, SaaS, and employment and severance agreements. I partner closely with clients to identify key legal and business risks, deliver clear, business-minded redlines with concise issue summaries, and keep transactions moving. Clients value my responsive turnaround, judgment, and ability to balance risk with commercial objectives.

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Lawyer Reviews for Indiana Commercial Lease Projects

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"Zachary was amazingly quick with my review, and although he was very communicative, his comments were so clear and thorough that I didn't require a follow-up discussion. Also, the contracting party accepted his recommendations with no pushback. Thanks!"

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"I had a relatively quick and satisfactory experience with Zachary to review a commercial lease. I would recommend him to other projects."

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Real Estate

Commercial Lease

Florida

Asked on Mar 8, 2022

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.

Answered Mar 15, 2022

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.

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Real Estate

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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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Asked on Apr 21, 2023

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.

Answered Apr 28, 2023

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.

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

North Carolina

Asked on Apr 26, 2023

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.

Answered May 19, 2023

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.

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Asked on Apr 13, 2023

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.

Answered Apr 28, 2023

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.

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