Lease Clauses in United States

Practical Information

Note: Some of this information was last updated in 1982

Although many of the clauses are standard, a variety of other clauses is necessary to express the agreement between the parties, especially in long-term leases. Ninety-nine year leases and many other long-term leases are extremely technical legal instruments, their preparation requiring a lawyer who is a specialist in the field.

Here is a list of the standard clauses that appear in most commercial leases:

1. Term of duration

2. Rent

3. Water, electricity

4. Alterations

5. Repairs

6. Damage or liability that is, the provision fixing the liability for injury to persons or property

7. “To let” sign before expiration of the lease

8. Assignment of the lease

9. Surrender of the premises upon expiration of the lease

10. Rules and ordinances

11. Fire that is, the agreement about the respective rights of the parties if the building should be destroyed by fire or “other action of the elements”

12. Elevators and heat

13. Insurance

14. Default in payment of rent

15. bankruptcy (in U.S. law) of lessee

16. Peaceful possession or quiet enjoyment of the premises

17. No waiver that is, the provision that the consent of the lessor to a variation of the terms in one instance is not a waiver of terms and conditions of the lease

18. Subordination to mortgages

19. Sprinkler system

20. Condemnation or eminent domain proceedings that is, the rights of the respective parties if the city, county, state, or federal authority should condemn or take possession of the premises

21. Security deposited by lessee

22. War that is, the provision that the lessee is not exempt from payment of rent if lessor, because of shortages caused by war, is unable to supply services or equipment called for by the lease

(Revised by Ann De Vries)

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Georgia Landlord and Tenant Lease Forms and Clauses Database

This is a database related to interests in and transfers of real estate, in the following material: State Treatises, Forms, and Practice Guides. A description of this real estate database is provided below:

Full text of Georgia Landlord and Tenant–Lease Forms and Clauses, a compilation of leases and related documents.

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