North Carolina Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers (North Carolina)

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.
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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.

Frequently Asked Questions

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

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Asked on Apr 17, 2023

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.

Answered Apr 28, 2023

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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Answered May 30, 2023

In a North Carolina commercial lease agreement, it is common for the landlord to be responsible for major maintenance and repairs (including structural issues) and the tenant to be responsible for minor maintenance and repairs (including general wear and tear). However, the landlord and the tenant may agree to alternative arrangements in the written lease. The best way to more fully understand your specific maintenance and repair responsibilities under a specific lease agreement is to have an attorney review the agreement and discuss it with you. Good luck!

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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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Should I use a lawyer for commercial lease?

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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).

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