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

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers

A Utah commercial lease agreement is a lawfully binding record used by a property owner and lessees to rent a real estate property. The commercial lease agreement will specify the obligations and provisions for each person, with the lessee's primary responsibility to pay rent timely. And before approving a lease, the owner must verify the lessee's financials by conducting a credit assessment. If the owner consents, a lease is documented and signed by both individuals entering a commercial lease agreement.

Significant Disclosures Required in Utah Commercial Lease

According to national and state regulations, the following revelations must appear on Utah commercial lease agreements:

  • A property owner must disclose any known lawful or zoning infringements on the property to the lessee.
  • All lease contracts must comprise a lead paint disclosure to inform the company of possible exposure to lead in premises constructed before 1978. Tenants must also be aware of the effects of lead on children and pregnant women.
  • Sewage systems and any damaged sewer must also get disclosed in the rental lease.
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Other Terms Included in a Utah Commercial Lease

A Utah commercial lease agreement must comprise the following information:

  • The personal attributes and names of both the lessor and lessee.
  • Details about the commercial property and its physical location.
  • Details about the rental property's security deposit, including when the lessee is expected to settle.
  • The date on which rent payment is due, the applicable late fees and how much the tenant will be responsible for paying each month.
  • The signatures of the lessee and property owner and the date must appear at the end of the lease agreement.
  • The rental lease renewal process.
  • Who will be accountable for paying for the maintenance, utilities, taxes, and insurance.

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Frequently Asked Questions

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Samuel R. on ContractsCounsel
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Samuel R.

Attorney
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Phoenix - Arizona
7 Yrs Experience
Licensed in UT AZ, PA
Widener University Delaware Law School

My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.

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Helping small business owners meet their legal needs.

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Washington, Utah
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Tiffany received her Juris Doctorate from the J. Reuben Clark Law School, Magna Cum Laude. She is admitted to the Utah State Bar and the New Mexico State Bar. She practices in the areas of real estate, general business, business formation, employment agreements, and civil litigation.

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Jared Fields is an experienced business lawyer and litigator with experience in diverse industries and practice areas. Prior to launching his own practice, he served as the chief legal officer for a group of privately-owned companies, including a real estate development group, construction companies, multiple franchisees, and a professional soccer team. As a result, he is experienced in real estate transactions, commercial agreements of varying degrees of sophistication, employment matters, and litigation, as well as general business legal advice. He was also an in-house attorney for a renewable energy company, where he was responsible for litigation, investigations, enforcement actions, and related securities filing disclosures. Mr. Fields also spent many years as a litigator in private practice, representing clients in matters ranging from securities litigation, to breach of contract, to cases involving real estate and financial services. Mr. Fields has particular experience in legal matters that may involve complex financial, accounting, valuation, and other quantitative issues.

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Utah
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Brigham Young University Law School

Corporate counsel with years of in-house experience working with and reporting to board / executive-level and upper management, along with extensive regional / national law firm background in commercial transactions and contracts, complex commercial litigation, and employment matters. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct.

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Matt M.

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Orem, Utah
19 Yrs Experience
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Washington & Lee University

I love to learn, and I love solving problems. That's why I became a lawyer, and learned to solve legal problems for individuals and businesses and help them fix things when there's a snag. Touch base if you think I could have something to offer for you or your company. Experienced, results-oriented legal professional whose background and education have established him as a valuable resource in areas of corporate law, franchising, litigation, compliance, mortgages and banking, and more. Practice Areas Include: Corporate law, Franchising, Litigation, real estate, corporate law, civil disputes, insurance representation, corporate counseling, dispute resolution, risk management, regulatory counsel, compliance. Experience involves sophisticated as well as routine corporate structuring and transactions, simple and complex litigation, and written and oral advocacy such as depositions, mediated settlement conferences, trials, appeals, written pleadings and discovery, and case strategy and analysis. Experience managing and litigating disputes between parties and negotiating settlements across the spectrum of civil litigation, including probative discovery, successful motions practice, legal research and writing, appellate practice, and legal consultation to individuals and business entities. Further experience includes digesting and monitoring updates to the legal landscape to advise clients or departments and successfully adapt policies and procedures to assure compliance with applicable laws and regulations as well as to manage risk effectively. For those needing a skilled commercial or corporate lawyer, or for individuals whose rights need persuasive advocacy, I am a valuable resource. Representative work also has involved success on the appellate level, as in Baker Construction Company, Inc. v. City of Burlington and Hawthorne, LLC, North Carolina COA09-13.

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Darren W.

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South Jordan, Utah
22 Yrs Experience
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J. Reuben Clark, BYU

My main focus is estate planning and business transactions, but I have had many practice areas throughout my career, including criminal defense and prosecution, civil litigation from neighborhood squabbles to corporate contentions. I have also worked in bankruptcy, family law, collections, employment law, and personal injury. I stand ready to assist in any area to which I feel I can be of service, but will not try to fake it if I do not know the area of law I am being asked to serve in.

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Lawyer Reviews for Utah Commercial Lease Projects

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"Awesome, on time and great communication. I will definitely use you again. Thank you."

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"Dolan was excellent — responsive, knowledgeable, and clearly understood the nuances of a franchise retail lease. He read our LOI carefully and made sure the lease reflected what we negotiated. Highly recommend and will be working with him again."

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Commercial Real Estate

Commercial Lease

Massachusetts

Asked on Apr 17, 2023

Can the tenant assign the lease to another business?

I am a business owner who recently signed a commercial lease for a retail space. I was recently approached by another business who is interested in taking over my lease, and I am wondering if I am able to assign the lease to them. I am looking to understand the legal implications of assigning the lease, as well as any other requirements or restrictions I should be aware of.

Joseph M.

Answered May 12, 2023

In Massachusetts, a commercial tenant can assign or sublet 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.

Read 1 attorney answer>

Real Estate

Commercial Lease

Ohio

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.

Read 1 attorney answer>

Real Estate

Commercial Lease

Florida

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.

Read 1 attorney answer>

Litigation

Commercial Lease

Texas

Asked on Apr 14, 2023

What's the survival clause in a commercial lease?

I am looking to enter into a commercial lease for my new business. I am unfamiliar with the terms of a commercial lease, and am particularly interested in understanding the survival clause. This clause is important to me because I want to make sure I am fully aware of my rights and responsibilities as a tenant. I need to know what is expected of me should the lease be terminated prematurely.

Curt L.

Answered Apr 28, 2023

A survival clause is fairly standard in a lease. It extends the effectiveness of certain provisions, such as party representations, warranties, promises, and covenants beyond the expiration or termination of the lease, but not beyond the legally prescribed statute of limitations. For example, If you make a fraudulent representation in a 1-year lease, the other party to the lease who is damaged by your fraud could still sue you for that fraud even after the end of the 1-year lease.

Read 1 attorney answer>

Commercial Real Estate

Commercial Lease

California

Asked on Apr 25, 2023

What is a commercial lease agreement and how does it work?

I am a business owner interested in renting a commercial space for my business. I am trying to understand the details of a commercial lease agreement and how it works so I can make an informed decision about whether or not to sign a lease. I am looking for information about the terms, conditions, and other relevant details that could affect my business.

MICHAEL B.

Answered Jun 2, 2023

A commercial lease agreement sets out the parameters of the space to be leased, including a description of the premises, an allocation of responsibilities for janitorial services, electrical services, tenant improvements, insurance requirements, payment of rent and payment of common area expenses, parking for employees and visitors, telephone and telecommunication services and many other issues.

Read 1 attorney answer>
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