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Indiana Commercial Lease

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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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Justin C.

Partner
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Hammond Indiana
7 Yrs Experience
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Valparaiso University Law School

Justin Camper is a small business and trademark attorney, entrepreneur, public speaker, and writer. Justin has been practicing law close to 5 years and has done various areas of law from criminal work as a Prosecutor, to business and civil litigation at private law firms.

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Mariah M.

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Indianapolis, Indiana
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Indiana University Robert H. McKinney School of Law

McGhee at Law is a purpose-driven law firm located in Indiana. We are focused on assisting Clients with creating opportunities of advancement. Our strategy is to assist, advise and support our Clients in fulfilling their vision for their personal lives and businesses through the practice of law.

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Chester A.

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Atlanta, GA
26 Yrs Experience
Licensed in GA, IN
University of Miami School of Law

With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.

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Elizabeth V.

Corporate Counsel
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Indianapolis, IN
10 Yrs Experience
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IU McKinney School of Law

Most of my career has been as in-house counsel for technology companies. My responsibilities included managing all vendor/procurement contracts and compliance, customer/partner/reseller contracts and compliance, data security/privacy compliance and incident responses, HR/employment issues, and legal operations. I am very comfortable negotiating Commercial Contracts, Vendor Agreements, and Procurement Contracts for goods, services, and licensing, as well as addressing Employment & Labor, Intellectual Property, and Data Privacy issues and compliance. I specialized and have a certificate in IP in law school and continued to develop in that area as in-house counsel for Interactive Intelligence, Genesys, which are unified communication companies, and KAR Global in the automobile digital services lines of business.

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John B.

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Indianapolis, IN
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University of Illinois Chicago School of Law

I am an attorney with over 13 years experience licensed in both Illinois and Indiana. I spent the early part of my career as a civil litigation attorney. Eventually, I moved into an in-house role, specifically as general counsel, to help companies avoid the pains of litigation. In doing so, I gained significant experience in executive leadership, corporate governance, risk management and cybersecurity/privacy. I bring this wealth of experience to my client engagements to not only resolve the immediate issue, but help implement lasting improvements in practices to avoid similar problems going forward.

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Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 20, 2023

Can the tenant make changes to the property's signage?

I am looking to rent a commercial property for my business and have recently come across a potential property. The lease agreement states that the tenant is not allowed to make any changes to the property's signage. I am interested in understanding if there are any exceptions to this rule and if the tenant can make changes to the signage.

Michael C.

Answered Jun 1, 2023

Standard commercial lease template includes language about the nature and extent of modifications tenants can make to a property. In this instance, there's no legal or regulatory exception that is going to protect you from a restriction in the lease. Your best bet is to negotiate directly with the landlord for a modification to the lease terms.

Read 1 attorney answer>

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.

Read 1 attorney answer>

Real Estate

Commercial Lease

Texas

Asked on May 12, 2021

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.

Answered May 12, 2021

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).

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

Maryland

Asked on Apr 12, 2023

Can the tenant make alterations to the property?

I am a tenant of a commercial property and I am interested in making some alterations to the property. I understand that I will need the landlord's permission to make these changes, but I am unsure of what the landlord's policy is regarding tenant alterations and what the legal implications of making such changes might be. I am looking for clarification on the tenant's rights and obligations when making alterations to a commercial lease agreement.

O.T. W.

Answered Apr 14, 2023

Hello! There should be an alterations clause in your lease that speaks to what is or isn't allowed in your space. Your safest bet is to have your landlord review and sign a letter of consent for more substantial improvements (beyond paint, mounting items, etc.)

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Commercial Real Estate

Commercial Lease

Massachusetts

Asked on Apr 24, 2023

Can the tenant sublease the property to another business?

I am a business owner and I am looking to rent a commercial space for my business. I am considering signing a commercial lease with the landlord, but I am concerned about my ability to sublease the property to another business. I am trying to determine whether this is an option that is available to me and what the implications would be.

Joseph M.

Answered May 12, 2023

In Massachusetts, a commercial tenant can sublet or even fully assign 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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