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Commercial Lease Agreement Template – Texas
Lease Texas commercial space with documented handover condition, access terms, and responsibilities.
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Commercial Lease Agreement Template
Possession and Handover.
This Commercial Lease Agreement (the “Agreement”) is made and entered into as of [Date], by and between:
Landlord: [Full Legal Name], having a mailing address of [Address], hereinafter referred to as the “Landlord.”
Tenant: [Full Legal Name], having a mailing address of [Address], hereinafter referred to as the “Tenant.”
The Landlord and the Tenant may each be referred to herein as a “Party” and collectively as the “Parties.”
Premises.
a. The Landlord hereby leases to the Tenant the following commercial property (“Premises”), situated at [Full Property Address and Description (suite number, floor, etc.)].
b. Included Areas: [Suite], [Storage], [Common area access], [Parking rights if any].
c. Delivery Condition: Landlord shall deliver the Premises in the condition reflected in Module 1.
Access and On-Site Rules.
a. Access Devices: [Keys/Fobs/Codes] shall be provided on [Date] and replaced at Tenant’s cost if lost.
b. Deliveries and Loading: [Delivery hours], [Loading dock procedures], [Freight elevator rules if any].
c. Vehicle/Parking Terms (if any): [Reserved spaces], [Permits], [Towing rules], [Guest parking].
Permitted Use and Compliance.
a. The Premises shall be used exclusively for [Describe Tenant’s Business/Authorized Use].
b. Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to Tenant’s operations.
c. Tenant shall obtain and maintain necessary licenses and permits for its operations.
Lease Term and Holding Over.
a. The term of this Agreement (“Term”) shall commence on [Commencement Date] and shall expire on [Expiration Date], unless earlier terminated under this Agreement.
b. If Tenant remains in possession after expiration without a written extension, such possession shall be deemed a month-to-month tenancy subject to this Agreement, except rent shall be [Percentage/Amount] of the then-current rent.
Rent.
a. Tenant shall pay monthly rent in the amount of [Rent Amount in USD], due on or before the [Due Date] day of each month, payable by [Payment Method].
b. Proration: If commencement does not fall on the first day of a calendar month, rent shall be prorated on a [30-day month / actual days in month] basis.
c. Late Fee: If rent is not received within [Grace Period] after the due date, a late fee of [Late Fee Amount or Percentage] may be charged.
Security Deposit and Other Security.
a. Tenant shall pay a security deposit in the amount of [Security Deposit Amount in USD] before taking possession.
b. The security deposit may be applied to damages, unpaid rent, or other charges resulting from Tenant’s breach.
c. Additional Security (if any): [Personal guaranty], [Letter of credit], [Other: ____].
Operating Expenses and Utilities.
a. Lease Structure: [Gross / Modified Gross / Net / Triple Net (NNN)].
b. If additional rent applies, Tenant shall pay [Tenant’s Proportionate Share %] of [Taxes / Insurance / CAM] as invoiced pursuant to [Addendum A / this Section].
c. Utilities: Unless otherwise specified, Tenant shall arrange and pay for electricity, gas, water, trash removal, internet, and telephone.
Maintenance, Repairs, and Alterations.
a. Tenant shall keep the Premises clean, sanitary, and orderly and shall promptly make non-structural repairs required due to Tenant’s use.
b. Landlord shall be responsible for structural repairs to the roof, foundation, and exterior walls, except as otherwise agreed in writing.
c. Alterations require Landlord’s prior written consent and must comply with applicable law and building requirements.
Insurance.
a. Tenant shall maintain commercial general liability insurance with coverage of at least [Minimum Coverage Amount], naming Landlord as an additional insured.
b. If applicable, Landlord may maintain property insurance for the structure, the cost of which may be reimbursed by Tenant as additional rent.
c. Each Party releases the other to the extent of insurance proceeds received for covered property damage losses.
Assignment and Subletting.
a. Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent.
b. Unauthorized transfers are void and constitute a default.
c. If consent is granted, Tenant shall ensure the transferee signs [Assumption Agreement / Sublease Agreement] acceptable to Landlord.
Default and Remedies.
a. Tenant is in default if Tenant fails to pay rent or other charges when due or breaches a material term and fails to cure within [Cure Period] after notice.
b. Upon default, Landlord may terminate this Agreement, retake possession, and pursue remedies available at law or in equity.
c. Enforcement Costs: Tenant shall pay Landlord’s legal fees and costs to the extent permitted by law.
Casualty, Condemnation, and Abatement.
a. If the Premises are damaged or destroyed by casualty so it becomes substantially unusable, Landlord shall use available insurance proceeds to repair within a reasonable time.
b. If repairs cannot be completed within [Time Frame], either Party may terminate upon written notice.
c. Rent shall abate proportionately during any period the Premises remain untenantable, unless the damage is caused by Tenant.
Notices and General Terms.
a. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Texas. Any action shall be filed in the state or federal courts located in [County], Texas.
b. Notices shall be in writing and deemed given when delivered personally, sent by certified or registered mail (return receipt requested), or sent by a recognized courier service to the addresses above (or as updated by written notice).
c. Entire Agreement; Severability: This Agreement and any addenda are the entire agreement. Invalid provisions do not affect remaining provisions.
Module 1 - Condition Checklist at Delivery.
The checklist below forms part of the Agreement.
Area/Item | Condition at Delivery | Photo/Video Reference | Notes |
[Entry/Storefront] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
[Floors/Walls/Ceiling] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
[Restrooms] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
[HVAC/Mechanical Visible Components] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
[Electrical/Lighting] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
[Other: ____] | [Good/Fair/Poor] | [Photo ID] | [Notes] |
Module 2 - Tenant Improvement Contractor Chain.
a. If Tenant performs improvements, Tenant shall identify the prime contractor as [Contractor Name] and provide [Contact Information] to Landlord before work begins.
b. Site Control During Work: [Landlord / Tenant / Shared], subject to written coordination requirements.
c. Tools and Materials: Ownership and responsibility for tools, materials, and debris are [Tenant / Contractor / Other: ____].
Module 3 - Remote/Outdoor Access Addendum (if any).
a. Access Notes: [Gate codes], [After-hours access], [GPS/landmarks], [Closest facility/contact].
b. Coverage/Connectivity: [Cell service notes], [Radio channel], [Emergency contact].
Signatures.
IN WITNESS WHEREOF, the Parties have executed this Commercial Lease Agreement on the dates indicated below.
Landlord: [Landlord Name]
Signature: ______________________________
Name/Title: [Authorized Signatory / Title]
Date: ______________________________
Tenant: [Tenant Name]
Signature: ______________________________
Name/Title: [Authorized Signatory / Title]
Date: ______________________________
Guarantor (if any): [Guarantor Name]
Signature: ______________________________
Date: ______________________________
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Commercial Lease Agreement Template – Texas
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For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Texas Commercial Lease Agreement Template FAQ
Why start a Texas commercial lease with a condition checklist?
Condition drives many of the later disputes, especially deposit deductions and repair claims at move-out. A checklist that references photos or video creates a shared baseline for what was delivered. It also helps clarify which items are landlord responsibilities versus tenant maintenance items. When the lease later says the tenant must return the space in good order, the checklist helps define what that means for this specific premises. It can also help contractors and insurers understand baseline conditions before any buildout or repairs begin.
How should access devices and gate codes be handled in the lease?
Put the number and type of access devices in writing and identify who can request additional copies. If replacement fees apply, state the amount and when it can be charged. For gated properties, specify whether codes can be changed, how changes are communicated, and whether there are any after-hours rules. These details prevent operational disruptions and reduce finger-pointing when an employee cannot access the premises. If there is a device deposit or replacement schedule, write it down so offboarding is smooth at move-out.
What is the simplest way to handle tenant improvements in a standard lease?
Use a short module that covers consent, permits, insurance during work, and cleanup obligations. If a contractor is involved, identify the prime contractor and require basic contact information and coordination rules. The lease can also state who controls the site during construction and who is responsible for tools, debris, and damage. This keeps the lease readable while still reducing risk during buildout. If you want extra protection, the lease can require lien releases or proof that contractors have been paid before reimbursement or opening.
How do proration and partial-month rent disputes usually happen?
They often happen when the parties assume different proration methods. If the lease states a 30-day month but one party expects actual days, the first invoice can be contested. To avoid that, the lease should specify the proration basis and the exact rent commencement date. When combined with a clear possession date, proration becomes a simple arithmetic exercise instead of a negotiation after move-in. Even a quick example calculation agreed in advance can prevent the first invoice from turning into a negotiation.
What should a tenant understand about additional rent under a net structure?
Net structures separate base rent from other building costs that may be billed as additional rent, such as taxes, insurance, or CAM. The lease should clearly state the tenant's share, the categories that can be billed, and how often invoices are issued. If estimates and reconciliations apply, set a true-up timeframe and a payment deadline after reconciliation. Clear billing rules are as important as the rent number because they control the tenant's real monthly cost.
Can the lease include a personal guaranty without rewriting the whole document?
Yes, many parties treat a guaranty as an additional signature block or short addendum. The lease can state that the guarantor guarantees the tenant's obligations and provide placeholders for name, address, and signature. If the parties want to limit the guaranty, that limitation should be written clearly, such as a cap, a time limit, or a release condition. Keeping it modular avoids changing the main lease language while still documenting the security the landlord is relying on.
Is using AI Lawyer to draft a lease a substitute for negotiating the deal points?
The hardest part of a lease is not the writing, it is deciding the deal points. AI Lawyer can help you turn those decisions into a clean draft quickly, but you still need to decide the rent structure, expense allocation, maintenance responsibilities, and transfer rules. Once those choices are clear, drafting becomes much faster and more consistent. You should still review the draft for accuracy against the property and business plan before signing.
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