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

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers (Maryland)

A Maryland commercial lease agreement is a contract between a landlord and a business tenant regarding the renting of a commercial property. A commercial agreement is generally used for leasing retail, industrial, restaurant, or office space in Maryland detailing the terms and conditions of the lease, regarding the lease term, security deposit, rent amount, subleasing, and exclusivity. The agreement becomes a legally binding contract that is enforceable in a court of law once signed by both parties.

There are three major types of commercial lease agreements:

  1. Gross Lease – The lessee pays a single fixed payment to the landlord, including the utility costs associated with the property.
  2. Modified Gross Lease – The lessee pays for the basic rent at the beginning of the lease as well as a proportionate share of costs like property taxes, insurance premiums, and maintenance expenses during the lease tenure.
  3. Triple Net Lease (NNN) – The lessee promises to pay all the expenses of the property, including real estate taxes, building insurance, and maintenance in addition to the cost of rent and utilities.
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What is Included in a Maryland Commercial Lease?

Signing a commercial lease in Maryland is not only compulsory but also helps in protecting yourself. A Maryland commercial lease states,

  • The rights of ownership of the property. Thus, no one else can claim the property.
  • The parts of the property like parking space that come under the commercial property.
  • The duration during which the contract must be abided by is mentioned.
  • The laws pertaining to operating a food business and the food items that are banned or illegal. The agreement must also disclose if the property was used for any illegal business earlier.

Key Terms Related to Maryland Commercial Lease

  • Property Owner- The person who is legally the bearer of the property.
  • Contract Duration - The time period for which the contract is applicable.

If you are looking for expert guidance or a lawyer for your Maryland commercial lease, or any other legal proceedings, check out the services offered by ContractsCounsel. Compare multiple free proposals from vetted lawyers and save 60% less than traditional law firms - start your job proposal here.

Frequently Asked Questions

How do I hire a lawyer to draft a commercial lease in Maryland?
How much does it cost to hire a lawyer to review a commercial lease in Maryland?

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Michael W. on ContractsCounsel
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Michael W.

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Graduate of Georgetown Law (J.D. and LL.M in Taxation) Injury Claims Adjuster before law school for top insurer Eight plus years of legal experience Past roles: Associate at premier boutique law firm in the DC metro area Policy Associate at a large academic and research institution Solo Practice Areas of Expertise: Contracts Business Formation Trusts and Estates Demand Letters Entertainment Transactions

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Julian H.

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With 15 years of extensive transactional/contracts experience reviewing and negotiating commercial contracts including a wide variety of purchase orders and contracts and non-disclosure agreements (NDA), I believe I can immediately contribute to the continued success of your team. I have been commended for a range of valuable skills—excellent contract management and contract administration, legal research, risk analysis, drafting and negotiations, and strategic thinking. I have worked as a legal consultant for 10+ years and I have reviewed over 7,500 contracts through this position. Contracts I have reviewed include but not limited to purchase orders, commercial and construction contracts, equipment rental agreements, non-disclosure, confidentiality, vendor agreements, service agreements, site access agreements, international agreements, request for proposals (RFP), bids and government contracts. These experiences have enabled me to master the ability to work independently and expeditiously to identify and assess issues and provide legally sound recommendations, consistent with good business practices. I have led teams (sales, insurance and management) to successfully negotiate contract terms with customers. Effective Communicator and Negotiator. I am a people person, and for the past 13 years, I have acquired excellent oral and written communication skills that enable me to interact and negotiate effectively with stakeholders at all levels. I am a self-starter with a strong work ethic. I have a high degree of resourcefulness, diligence, and dependability. Most important, I adapt to changing priorities quickly, thriving in an environment with high volume and short turnaround deadlines. My experience over the years allows me to transfer my skills to all types of contracts to meet the client’s needs. I am hopeful to provide similar legal expertise, effective contract administration and leadership to your organization. It would be a pleasure to meet within the next few weeks and discuss how my qualifications, experience, and capabilities will best fit the needs of your outfit.

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Lawyer Reviews for Maryland Commercial Lease Projects

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"Zachary was prompt, clear, and helpful in reviewing our commercial lease agreement and providing redlines. Would be happy to work with him again."

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Real Estate

Commercial Lease

Florida

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>

Landlord

Commercial Lease

Ohio

Asked on Apr 12, 2023

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.

Answered Apr 14, 2023

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.

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Asked on Apr 17, 2023

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.

Answered Apr 18, 2023

The only way to answer this question is to have an attorney read the lease.

Read 1 attorney answer>

Real Estate

Commercial Lease

Texas

Asked on May 12, 2021

What is a triple net lease?

I want to understand these better.

George O.

Answered May 12, 2021

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.

Read 1 attorney answer>

Real Estate

Commercial Lease

Ohio

Asked on Jan 14, 2025

Can a landlord terminate a commercial lease early?

I have been running a small retail business for the past two years in a commercial space rented under a 5-year lease agreement. However, due to unforeseen financial difficulties, my business is struggling to stay afloat and I may need to close down. I have heard rumors that my landlord has the right to terminate the lease early, and I want to know if this is true and what my options are in such a situation.

Michelle M.

Answered Jan 26, 2025

The answer to your question is contained in the lease. All rights and obligations of parties to a commercial lease are controlled by and provided for within the lease. If your lease provides for early termination by the landlord, then the landlord can exercise that option. If it doesn't provide for early termination and you are in compliance with the lease, then they can't terminate early (at least not without your consent). You should retain a local attorney who can review the lease and provide advice concerning your specific situation. Best of luck!

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