Free commercial lease agreement template for landlords and business tenants

Free Commercial Lease Agreement Template

Reviewed by Fatih Öztürk, Editor · Last updated:
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A client of mine once signed a “$22 a square foot” retail lease and budgeted for exactly that. Eight months in, the triple-net charges, the CAM reconciliation, and a property-tax reassessment pushed the real cost past $31. Nothing was hidden; it was all in the lease she did not read closely. Commercial leases run on contract law, not the tenant-protection statutes that cover apartments, so the words on the page are the rules. This page gives you a free commercial lease agreement template, a copy-and-paste version you can start from today, and a plain-English walkthrough of every clause that tends to cost people money.

What a commercial lease agreement is and how it differs from a residential lease

The short version (2026):

  • Commercial leases are contract-driven. Unlike residential leases, there are few statutory protections, so everything you want must be written into the document.
  • The lease type sets your real cost. Gross, modified gross, and triple net (NNN) decide who pays taxes, insurance, and maintenance. NNN can add 20 to 40 percent on top of base rent.
  • Negotiate before you sign. Free rent, tenant-improvement allowance, escalation caps, CAM caps, and the personal guarantee are all on the table.
  • Calculate true occupancy cost (base rent plus operating expenses plus utilities) before comparing two spaces, and watch the rentable-versus-usable square footage.
  • Get a lawyer for big or complex deals. A free template is fine for a small, short, simple space; a five-year NNN over six figures warrants a $1,000 to $3,000 review.

What’s included in this free download:

  • Full commercial lease agreement (14 sections)
  • Gross, Modified Gross, and Triple Net (NNN) lease options
  • Rent escalation clauses and CAM charge provisions
  • Tenant improvement and build-out provisions
  • Personal guarantee section (for new businesses)
  • Compatible with all 50 U.S. states

Prefer a guided, fill-in-the-blank document tailored to your state? LawDepot’s commercial lease builder walks you through each clause step by step.

Build your lease with LawDepot →

What is a Commercial Lease Agreement?

Commercial versus residential lease comparison of protections, negotiability, and cost

A commercial lease agreement is a legally binding contract between a landlord (the lessor) and a business tenant (the lessee) for property used for business purposes. Unlike residential leases, which are heavily regulated by tenant-protection laws, commercial leases operate primarily under general contract law, which gives both sides far more freedom to negotiate.

That distinction matters enormously. Residential tenants have statutory protections such as habitability guarantees, defined eviction procedures, and security-deposit limits that commercial tenants usually do not get under landlord-tenant law. In a commercial lease, what is in the written agreement is the law between the parties. If the lease does not address something, you probably have no protection on it. (If you are renting a home rather than business space, use our residential lease agreement template instead, which is built around those tenant protections.)

Key differences from residential leases:

Feature Residential Lease Commercial Lease
Tenant protections Extensive statutory rights Minimal; the contract controls
Negotiability Limited (many terms mandatory) Highly negotiable
Maintenance responsibility Landlord (habitability) Often tenant (especially NNN)
Lease length Typically 1 year 3 to 10+ years common
Rent increases Often capped by law Freely negotiated
Security deposit Capped in most states No statutory cap
Early termination Often tenant-favorable Typically landlord-favorable
Improvements Landlord responsibility Tenant build-out common

When do you need a commercial lease? (8 scenarios)

Eight scenarios that require a commercial lease, from retail to restaurant to renewal

A commercial lease is required any time a business occupies property it does not own. The most common situations:

  1. Opening a retail store. Storefronts in shopping centers, strip malls, or standalone buildings need detailed leases covering signage, operating hours, exclusive use, and common-area maintenance.
  2. Renting office space. From single suites to whole floors, office leases cover parking, after-hours access, shared amenities, and sometimes services like reception and cleaning.
  3. Leasing warehouse or industrial space. Industrial leases address loading docks, ceiling height, floor-load capacity, environmental compliance, and hazardous-materials provisions.
  4. Starting a restaurant or food service. These are among the most complex leases, covering grease traps, exhaust systems, health-department compliance, percentage rent, and heavy build-out.
  5. Opening a medical or dental practice. Healthcare leases add provisions for medical waste, ADA compliance, patient-privacy layout, and specialized utilities.
  6. Subleasing part of your space. If you have more room than you need, a commercial sublease can offset rent, but only if your original lease permits it.
  7. Expanding to a second location. Growth usually means negotiating a new lease while managing the existing one, so understanding lease structures helps you compare options.
  8. Renewing an expiring lease. Renewal is your best chance to renegotiate, and knowing current market rates gives you leverage.

Commercial lease types (read this before you sign)

Four commercial lease types: gross, modified gross, triple net, and percentage

The lease type decides who pays for what, and that one choice can mean tens of thousands of dollars a year. The template includes all three major types so you can match it to your negotiation.

Gross lease (full-service)

Tenant pays: A fixed monthly rent. Landlord pays: Property taxes, insurance, maintenance, utilities, and common-area costs. Best for tenants who want predictable expenses, and common in multi-tenant office buildings. The catch is that landlords build expected operating costs into the rent, so the base number is higher. You pay for those costs either way, bundled into one figure. Typical use: Class A office, co-working space, medical suites.

Modified gross lease

Tenant pays: Base rent plus some negotiated operating expenses (often utilities and janitorial). Landlord pays: Taxes, insurance, and structural maintenance. The key provision is the “expense stop” or “base year”: The landlord covers operating expenses up to a set amount or the base-year cost, and the tenant pays a pro-rata share of any increase above that. Example: If the base year runs $8 per square foot and expenses rise to $10 in year three, the tenant pays the $2 increase on their share.

Triple net lease (NNN)

Tenant pays: Base rent plus property taxes, insurance, and maintenance (the “three nets”). Landlord pays: Only structural and roof repairs, and sometimes not even those. Best for tenants who want the lowest base rent and are comfortable managing property costs; common for standalone retail, industrial, and single-tenant buildings. The warning: NNN shifts real financial risk to you. A tax reassessment, a major repair, or an insurance spike hits you directly, so budget 20 to 40 percent above base rent for true occupancy cost.

Typical NNN cost breakdown (example): Base rent $20.00 + taxes $3.50 + insurance $1.50 + CAM/maintenance $4.00 = $29.00 per square foot per year.

Percentage lease

Tenant pays: Base rent plus a percentage of gross sales above a “breakpoint.” Common in retail centers and malls. Example: $3,000 a month base plus 6 percent of gross sales above $600,000 a year. The natural breakpoint is the annual base rent divided by the percentage: $36,000 ÷ 0.06 = $600,000, so you only pay percentage rent once sales clear that line.

Copy-and-Paste Commercial Lease Template

Copy-and-paste commercial lease template with bracketed fill-in clauses

Here is a fill-in-the-blank commercial lease you can copy into a document and adapt. Replace every bracketed prompt, delete the lease-type options you are not using, and read the section-by-section guide below before you finalize. For a high-value or complex deal, have an attorney review it.

COMMERCIAL LEASE AGREEMENT

This Commercial Lease Agreement (“Lease”) is made on [DATE] between [LANDLORD LEGAL NAME], a [STATE] [entity type] (“Landlord”), and [TENANT LEGAL NAME], a [STATE] [entity type] (“Tenant”).

1. Premises. Landlord leases to Tenant the property at [ADDRESS, SUITE], consisting of approximately [#] rentable square feet ([#] usable square feet, load factor [#]), together with [parking: # spaces, reserved/unreserved] and the right to use common areas.

2. Term. The term is [#] years, beginning [COMMENCEMENT DATE] and ending [EXPIRATION DATE], with [#] renewal option(s) of [#] years each on [#] months’ written notice. Rent commences on [RENT COMMENCEMENT DATE].

3. Rent and escalation. Base rent is $[AMOUNT] per month ($[#] per square foot per year), increasing [3% annually / by CPI / per the schedule below]. Rent is due on the [#] of each month to [PAYMENT ADDRESS]. Free rent (abatement): [# months].

4. Lease type and expenses. This is a [Gross / Modified Gross / Triple Net (NNN)] lease. Tenant’s pro-rata share of operating expenses is [#]%. [Modified gross: Tenant pays expenses above a base year of $[#]/sq ft.] [NNN: Tenant pays property taxes, insurance, and CAM. CAM increases are capped at [#]% per year, and Tenant may audit CAM charges within [#] days.]

5. Security deposit and guarantee. Tenant pays a deposit of $[AMOUNT] ([#] months’ rent), returnable within [#] days of surrender less lawful deductions. [Personal guarantee: full / limited to $[#] / “good-guy” ending on surrender / burns off after [#] years of timely payment.]

6. Permitted use and exclusivity. The premises may be used only for [DESCRIBE USE BROADLY]. Tenant may not use them for [PROHIBITED USES]. [Exclusive use: Landlord will not lease other space in the property to a business primarily engaged in [CATEGORY].]

7. Maintenance and repairs. Landlord maintains [roof, structure, and (gross only) building systems]. Tenant maintains [interior, and (NNN) HVAC, plumbing, and electrical within the premises]. See the maintenance matrix attached as Exhibit A.

8. Tenant improvements. Landlord provides a tenant-improvement allowance of $[#] per square foot. Plans require Landlord’s written approval, not to be unreasonably withheld. Improvements become Landlord’s property at lease end. Tenant [is / is not] required to restore the premises to original condition.

9. Insurance. Tenant carries commercial general liability of at least $[1,000,000] per occurrence, names Landlord as additional insured, and provides a certificate of insurance. The parties waive subrogation against each other.

10. Assignment and subletting. Tenant may not assign or sublet without Landlord’s prior written consent, which will not be unreasonably withheld. [Landlord may recapture the space or share [#]% of sublease profit.]

11. Default and remedies. A default occurs if Tenant fails to pay rent within [#] days of written notice or fails to cure any other breach within [#] days. Landlord’s remedies include those allowed by [STATE] law. Landlord’s failure to perform a material obligation, uncured within [#] days, is a Landlord default.

12. Holdover and surrender. If Tenant stays past expiration without a new agreement, rent is [150–200]% of the last month’s rent, and the tenancy is [month-to-month / a holdover at sufferance]. Tenant returns the premises broom-clean, ordinary wear excepted.

13. Miscellaneous. This Lease is governed by the laws of [STATE]. It is the entire agreement, may be changed only in writing, and includes quiet enjoyment, notice addresses, force majeure, and [signage / right of first refusal] as negotiated.

14. Signatures. LANDLORD: _______________ Date: ______   TENANT: _______________ Date: ______   [GUARANTOR: _______________ Date: ______]

This template is a starting point, not legal advice, and is not automatically equal to an attorney-drafted lease for a complex deal. Confirm requirements for your property and state before signing.

What’s included, section by section

Section-by-section guide to a commercial lease including rent, CAM, and build-out

Section 1: Parties and premises

Identifies the landlord, tenant, and exact premises: Full legal entity names (not individuals, unless a sole proprietor), the address and suite, the square footage, the common areas, and parking. The square-footage detail is where money hides.

Rentable vs. usable square footage. Usable square feet is the space inside your walls that you exclusively occupy. Rentable square feet adds your proportional share of common areas (lobbies, hallways, restrooms, mechanical rooms). The load factor is the multiplier (typically 1.10 to 1.25) that converts usable to rentable. Example: A 2,000 usable square-foot office in a building with a 1.15 load factor is billed as 2,300 rentable square feet. At $25 per rentable foot, that is $57,500 a year, not the $50,000 you would expect from your actual space.

Section 2: Lease term

Start and end dates, renewal options (how many, how long, and the rent during renewal), the notice period to exercise a renewal (typically 6 to 12 months before expiration), and holdover provisions (usually 150 to 200 percent of rent if you stay past the end date). Options give tenants flexibility but reduce a landlord’s ability to re-lease, so landlords often want “fair market value” renewal rent rather than a fixed increase. Exercise your option early; missing the notice deadline usually means losing it.

Section 3: Rent and escalation

The financial heart of the lease: Base rent (monthly and per square foot), the rent-commencement date (which may differ from the lease start if you get free rent during build-out), and the escalation method, which is usually a fixed increase (such as 3 percent a year), a CPI-based increase, a fair-market adjustment, or a fixed step-up schedule. Most commercial leases also include one to three months of free rent at the start as a concession.

Section 4: Security deposit and personal guarantee

The deposit (typically 2 to 6 months’ rent for new businesses, 1 to 2 for established tenants), the return conditions, and whether it burns down over time if you pay on schedule. Landlords often require owners to personally guarantee a new entity’s lease. Negotiate the guarantee type: A full guarantee, a limited guarantee capped at a dollar amount or time, a “good-guy” guarantee that ends when you vacate and pay through that date, or a burn-off after a few years of timely payment.

Section 5: Permitted use and exclusivity

The permitted-use clause defines what you may do; an exclusive-use clause stops the landlord from leasing nearby space to a direct competitor; prohibited uses are banned outright; and a continuous-operation clause can require you to stay open during set hours. Exclusivity matters because, without it, a landlord could lease the adjacent unit to your competitor and devastate your business.

Section 6: Common area maintenance (CAM)

For modified gross and NNN leases, this defines common areas, the CAM calculation (pro-rata by rentable square feet), a CAM cap that limits annual increases (negotiate this), audit rights so you can verify the landlord’s math, and excluded expenses such as capital improvements. A typical CAM cap reads: “CAM charges shall not increase more than 5 percent per year over the prior year’s actual charges, excluding property taxes and insurance.”

Section 7: Maintenance and repairs

This divides responsibility clearly. The split depends heavily on lease type:

Component Gross Lease NNN Lease
Roof & structure Landlord Landlord (usually)
HVAC Landlord Tenant
Interior walls & floors Tenant Tenant
Plumbing (within unit) Tenant Tenant
Electrical (within unit) Tenant Tenant
Exterior/parking lot Landlord Tenant (via CAM)
Windows & doors Varies Tenant
Fire suppression Landlord Tenant (via CAM)

Sections 8 to 14 at a glance

The remaining sections cover tenant improvements (the build-out allowance, who designs and approves it, and whether you must restore the space at the end), insurance (general liability of $1 to $2 million, landlord as additional insured, waiver of subrogation), assignment and subletting (consent that cannot be unreasonably withheld, plus any recapture or profit-sharing), default and remedies (cure periods, eviction, acceleration, and landlord defaults), destruction and condemnation (repair timelines and your right to terminate), surrender and holdover, and miscellaneous provisions such as governing law, quiet enjoyment, and SNDA. Typical 2026 tenant-improvement allowances run $50 to $80 per square foot for Class A office, $25 to $50 for Class B, $20 to $40 for retail, and $5 to $15 for industrial.

How to fill out a commercial lease (step by step)

Step-by-step process for filling out and negotiating a commercial lease
  1. Research market rates. Ask 2 to 3 commercial brokers for comparable rents, check listing sites for asking rents, confirm whether quotes are gross or NNN, and calculate true occupancy cost. The SBA’s guide to picking a business location is a good starting point for what to weigh.
  2. Select your lease type. New business with limited capital: Gross (predictable, higher base). Established business that wants control: NNN (lower base, you manage costs). Middle ground: Modified gross with an expense stop and a CAM cap.
  3. Fill in the parties and premises. Use exact entity names, confirm the square footage independently, specify the load factor, and document parking precisely.
  4. Negotiate the financial terms. Push for free rent (1 to 3 months), a written tenant-improvement allowance, an escalation cap (a fixed 3 percent is more predictable than CPI), a deposit burn-down, and limits on any personal guarantee.
  5. Define permitted use broadly. “Operation of a food and beverage establishment, including coffee, baked goods, prepared foods, and related retail” beats “operation of a coffee shop,” which can trap you if your business evolves.
  6. Address build-out and improvements. Put the allowance, the approval process, the timeline, and what happens to improvements at the end in writing.
  7. Review default provisions carefully. Aim for reasonable cure periods (10 to 15 days for rent, 30 to 45 for non-monetary), real consequences for landlord defaults, and no cross-default clauses tying this lease to other obligations.
  8. Have an attorney review before signing. Unlike a residential lease, a commercial lease often puts hundreds of thousands of dollars at stake over its term, which justifies a $1,000 to $3,000 review. Forming an entity first also matters; if you have not yet, see how to form an LLC so you are not signing personally.

Commercial Lease Template vs. Hiring a Lawyer

When a free commercial lease template is enough versus when to hire a lawyer

The free template works well for short-term leases (1 to 2 years), small spaces (under 2,000 square feet), simple structures (a gross lease for office or retail), and straightforward terms with no complex build-out or percentage rent.

Hire a commercial real estate attorney ($1,000 to $5,000) for long-term leases (5+ years) worth over $100,000, complex build-outs, NNN leases that need CAM-audit provisions, multi-location or master leases, anchor-tenant agreements, and subleases with profit-sharing. A middle path is a guided builder that adapts the language to your state.

Want state-specific language without attorney prices? LawDepot’s commercial lease builder asks plain-English questions and generates a customized lease.

Build your lease with LawDepot →

Common commercial lease mistakes

Common commercial lease mistakes and frequently asked questions
  • Not knowing your true occupancy cost. A “$25 NNN” lease often costs $32 to $40 once taxes, insurance, CAM, and utilities are added. Always total it before comparing options.
  • Signing an unlimited personal guarantee. Push for a dollar cap, a burn-off after 2 to 3 years of timely payment, or a “good-guy” guarantee that ends when you vacate.
  • A narrow permitted-use clause. If the lease says “operation of a yoga studio” and you later add retail, you may need landlord approval, which becomes leverage against you. Negotiate broad use upfront.
  • Ignoring the restoration clause. Many leases make you return the space to original “shell” condition, including ripping out a build-out you paid for. Strike or limit this clause.
  • No CAM cap or audit rights. Without a cap, operating expenses can climb sharply; without audit rights, you cannot check the math. Insist on both.
  • Missing the renewal deadline. Most options need 6 to 12 months’ written notice. Miss it by a day and the option is gone. Calendar it the day you sign.

Frequently Asked Questions

How long should a commercial lease be?

It varies by business type: Retail and industrial often run 5 to 10 years, office 3 to 5 years, and a new business 2 to 3 years with renewal options. Longer leases give rate security but reduce flexibility, so a shorter initial term with renewal options is often the best balance for a startup.

What is a normal security deposit for a commercial lease?

Usually 2 to 6 months’ rent for new businesses and 1 to 2 months for established tenants with good credit. There is no statutory cap like there is for residential leases, so negotiate a burn-down that reduces the deposit after 1 to 2 years of on-time payment.

Can I negotiate a commercial lease?

Yes, everything in a commercial lease is negotiable. Unlike most residential leases, commercial landlords expect it. The most negotiable terms are free rent, the tenant-improvement allowance, escalation caps, the scope of any personal guarantee, and CAM caps.

What is a Letter of Intent (LOI) and do I need one?

An LOI is a non-binding summary of key terms (rent, term, allowance, and major points) agreed before drafting the full lease. It saves time and legal cost by confirming the fundamentals before anyone pays to draft. Most deals over $50,000 a year use one.

What happens if my business fails during the lease?

You remain liable for the remaining rent unless the lease has an early-termination clause, so negotiate one. Your options are subletting (if permitted), assigning the lease, negotiating a buyout, or, in the worst case, the landlord re-leasing to mitigate and suing you for the shortfall.

Do I need a commercial real estate broker?

A tenant’s broker usually costs you nothing because the landlord pays the commission from the deal. A good tenant rep knows market rates, spots leverage, and negotiates terms you would not know to ask for. For leases over $50,000 a year, a tenant rep almost always pays for itself.

Download your free commercial lease agreement

Download the free commercial lease agreement template in Word, PDF, and Google Docs

Protect your business with a lease that covers every critical provision. The template includes all three lease types (gross, modified gross, and NNN) with fill-in-the-blank prompts, in Word, PDF, and Google Docs formats. Read the section-by-section guide above, fill it in carefully, and have a professional review anything large or complex.

Need state-specific guidance built in? LawDepot’s commercial lease builder adapts each clause to your state’s commercial property rules.

Build your lease with LawDepot →

Sources & References

This guide is fact-checked against the following official and authoritative sources:

Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.

Legal Disclaimer: This article is general information, not legal advice. ClearLegalTips is not a law firm and does not provide legal representation. Laws vary by state and change over time. For guidance on your specific situation, consult a licensed attorney in your jurisdiction.

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