A North Carolina commercial lease is signed between two parties, i.e., the commercial property owner and the tenant taking the property on rent. The North Carolina commercial lease must be signed between all parties if multiple parties are involved. The same applies to commercial subleases as well.
What Is the Difference Between Residential and North Carolina Commercial Leases?
There are two types of rental agreements, that is the residential lease and the commercial lease. The residential lease is only for people who wish to stay on the property. However, as per the government rules, in North Carolina, it is necessary to have a commercial lease to run a business on a rented property. In addition, commercial property owners or tenants have to pay a special government tax on the property.
Details to be included in the North Carolina Commercial Lease
Signing a commercial lease means it is a legally binding agreement. If you fail to meet the terms of the agreement, you may face legal consequences. When signing a North Carolina commercial lease, you must consider some factors:
- Contract Duration. Contract duration is the period for which the contract is legally valid. Once the contract period is over, if both parties wish, they can go for an extension or a contract renewal. In case of a contract renewal, one can also get the contract terms modified or altered to correspond to the present requirements. Generally, the contract duration is three or five years, depending on both parties. After the contract period ends, it becomes null and void.
- Property Details. The exact details of the property are lined out within the contract. It includes the total square feet of the property, the area used, the number of rooms, etc. If the owner refuses any part of the property to be included in the rental agreement, it must be clearly stated within the contract. In addition, the property's condition, such as its wear and tear condition, is also mentioned in the contract. It helps to eliminate any undue complications in the future.
Types of Commercial Leases in North Carolina
- Net Real Estate Commercial Lease - Here, the rent amount is paid separately from the company's expenses.
- Full-service Commercial Lease - All the company expenditures related to the commercial lease agreement are also covered.
- Gross Lease- This comes under the other two commercial leases. Here the tenant must pay the other expenditures related to the commercial property, such as property taxes and maintenance costs.
Key Terms
- Contract Renewal - Making necessary changes in the existing contract to sign it again for the next duration.
- Legal Agreement - A document signed between parties where they fall into a legally binding contract.
Conclusion
It is important to safeguard one's self before signing a North Carolina commercial lease. Checking all the details is essential as it helps you avoid legal complications. Hiring a lawyer who is an expert in legal contracts from ContractsCounsel can help you.
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Meet some of our North Carolina Commercial Lease Lawyers
Taylor A.
After starting my professional career in Human Resources in the Healthcare and Non-profit fields, I decided to expand my options and attended law school, passing the North Carolina bar in 2016. Since then, I have practiced in-house for healthcare companies, in the civil rights arena, and run my own business. I am currently looking to return to my legal roots and am excited to practice business law again.
Brian J R.
Immigration expert with over 30 years’ experience focused on start-up companies H-1, L-1, E, O-1 visas. PERM and extraordinary ability immigrant visas. Complex family immigration cases and waivers. I also assist early stage comapnies in entity formation and general legal matters for start-up companies in the areas of Telehealth, Technology and International Trade.
September 15, 2023
Sarah F.
Sarah brings together her accounting and legal background to help solve client problems. Sarah couples her broad, general commercial legal background with our client’s international and business problems to arrive at elegant solutions that work for their business.
November 16, 2023
Robert W.
I am an experienced Intellectual Property attorney registered with the USPTO and have managed my solo practice for over a decade. As part of my practice, I handle trademark and patent concerns for my clients. I’ve performed extensive prior art searches, drafted patent applications, and prosecuted patents across a broad range of technologies. I've helped my clients secure protection for both standard character and special form marks across a a variety of classes from candles to dog collars. I believe, as an IP attorney, that I can facilitate the development of new technologies by protecting your rights from infringement or helping you enter the market by establishing those rights from the ground up. More importantly, I believe it should be an open and affordable process that’s accessible to anyone pushing the bounds of innovation.
December 7, 2023
Adam T.
Legal professional with 10+ years of Fortune 500 in-house and AmLaw 50 law firm experience in crafting multi-pronged litigation, regulatory, and public policy strategies and negotiating pioneering, high-stakes global cloud services and digital content distribution deals.
February 20, 2024
John V.
Education: Georgetown Law (83), Yale (75- BA in Economics), Hotchkiss School (1970). Practice areas have included commercial litigation, individual litigation, and securities litigation and arbitration.
February 27, 2024
V. Yvette S.
I am a highly skilled attorney, fluent in English and Spanish with 20 years of legal experience and 8 additional years of real estate, project finance, banking, financial, securities, and start-up company experience. I worked 6 years with 2 international law firms and handled extremely complex work for all types of clients, 3 years with a Federal Government Regulator, and 5 years in various compliance management positions at national and international financial institutions. I am licensed in New York and North Carolina. I will handle federal litigation on a non-contingency basis. I also practice Appellate Advocacy for constitutional, employment, consumer, and corporate laws. I am skilled in many different NY and NC laws. I have successfully represented clients with state and federal regulatory investigations. I can help you with the FDA, SEC, OCC, CFPB, FDIC, FR and certain state regulators.
Find the best lawyer for your project
Browse Lawyers NowCommercial 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.
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.
Real Estate
Commercial Lease
Ohio
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.
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.
Commercial Real Estate
Commercial Lease
Massachusetts
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.
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.
Real Estate
Commercial Lease
Florida
What's permitted alterations in a commercial lease?
I am a small business owner looking to rent a commercial space for the first time. I am considering signing a commercial lease and want to know what kind of alterations are allowed in the agreement. I would like to avoid any potential legal issues or disputes in the future by clarifying what is permitted before signing the lease.
Moss S.
Usually permitted alterations are cosmetic, and non-structural in nature. Often times the Landlord will require the Tenant to submit plans, or in the alternative the lease will describe the fit and finish that would be allowed.
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Lease Review
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