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What is a Commercial Lease Agreement?
A Commercial Lease Agreement is a contract between a landlord (or property manager) and a business that outlines the terms of a commercial tenancy, in which the tenant rents space from a landlord to conduct business.
A Commercial Lease Agreement is also known as a:
- Business lease agreement
- Business rental agreement
- Commercial rental agreement
- Lease agreement on commercial property
LawDepot’s Commercial Lease Agreement template is available for use across all Canadian provinces and territories.
Commercial Lease Agreement vs. Residential Lease Agreement
A Commercial Lease Agreement is used when a tenant rents property to operate a business. The terms negotiated between the parties are often more complex and customizable to meet the needs of the business occupying the space. Some of the provisions covered under a commercial lease can include use, rent type (including net or triple-net), operating costs, and subletting.
A Residential Lease Agreement, on the other hand, covers situations where a tenant uses the property as a home. Residential leases are heavily regulated by provincial tenancy laws that set mandatory rules for rent increases, evictions, maintenance, privacy, and other tenant rights, making them simpler and less negotiable than commercial leases.
Benefits of using a Commercial Lease Agreement
Using a Commercial Lease Agreement helps establish clear terms for a business tenancy while protecting both the landlord's and the tenant's interests. Some key benefits include:
- Clear business and rental terms: Establishes parameters for rent, lease length, permitted use, and other obligations in writing so both parties understand their commitments.
- Reducing disputes: Defines responsibilities for payments, maintenance, improvements, and defaults, helping to avoid confusion and legal conflicts.
- Customization for the business: Allows tailored terms such as permitted signage, renovations, exclusive use, and parking to fit specific business needs.
- Legal enforceability: A written lease that meets provincial requirements is generally easier to enforce and, in many cases, remains valid even if the property's ownership changes.
For those starting a new business, consider factoring in commercial lease costs in your Business Plan.
Types of Commercial Lease Agreement terms
LawDepot’s Commercial Lease Agreement lets users customize both the lease term and rent structure to suit different leasing and business needs. In practice, the types of commercial lease terms vary by duration and the allocation of rent and operating costs.
Lease term structures
- Fixed-term lease (fixed dates): Sets a defined start and end date (e.g., January 15, 2026, to January 15, 2031) for a traditional fixed-term agreement.
- Periodic lease (automatic renewal): Good for selecting a renewal structure, like month-to-month or year-to-year, that continues automatically until either party ends it.
Rent and cost structures
- Gross rent lease: The tenant pays one set rent amount, and the landlord covers most operating expenses.
- Net lease: the tenant pays a base rent plus specified operating costs (such as services or property expenses).
- Triple-net (NNN) lease: The tenant pays base rent plus all operating costs, including taxes and insurance—common for larger commercial properties.
Common use cases for a Commercial Lease Agreement
A Commercial Lease Agreement can be used for many types of business properties, allowing landlords and tenants to define how the space will be used. Common use cases include:
- Office space for professional services: Leasing offices to businesses like accounting firms, consultancies, or agencies that need dedicated work areas for staff and clients.
- Retail stores and boutiques: Renting storefronts in plazas, malls, or main-street locations for shops such as clothing, electronics, or specialty retailers.
- Restaurants, cafés, and food services: Using commercial units for dining establishments, take-out counters, or cafés serving food and beverages to the public.
- Industrial and warehouse operations: Leasing space in industrial bays or warehouses for manufacturing, assembly, storage, or distribution activities.
- Medical, dental, or wellness clinics: Occupying commercial premises in medical or mixed-use buildings for clinics, dental offices, or therapy and wellness services.
- Mixed-use commercial buildings: Renting units in multi-tenant complexes where business type and shared resources—like parking or signage—are clearly defined.
- Specialized business uses: Customizing agreements for unique spaces such as studios, coworking facilities, storage units, or hospitality businesses.
Key components of a Commercial Lease Agreement
A Commercial Lease Agreement includes several key sections that define the terms, responsibilities, and rights of both the landlord and tenant. The main components typically include:
- Property details and permitted use: Identifies the leased property, its address, and the approved business activities.
- Parties and guarantor: Lists the legal names and contact details of the landlord, tenant, and any guarantor.
- Lease term and renewal options: States whether the lease is fixed or periodic and how it may renew or end.
- Rent and payment terms: Explains the rent structure, calculation method, and payment schedule.
- Costs, utilities, and insurance: Allocates responsibility for operating expenses, utilities, and insurance.
- Improvements and property duties: Defines who manages maintenance, improvements, or landlord‑owned items.
- Use and property rules: Covers regulations about parking, pets, inspections, and other on‑site matters.
- Assignment and subleasing: Specifies if and when the tenant can transfer or sublease the space.
- Default and termination: Describes consequences of non‑payment or other lease breaches.
- Signing and additional clauses: Sets out the signing details and room for any special provisions.
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LawDepot’s template allows you to tailor your agreement for any of the property types above to better suit your business’s needs.
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How to make a Commercial Lease Agreement
Creating a valid Commercial Lease Agreement with LawDepot is simple and guided step by step. Follow these key stages to complete your document accurately:
- Choose the property type and location: Indicate whether the space is office, retail, industrial, or another type, and select the province or territory.
- Confirm the contract length and address: Choose a Standard or Comprehensive format and enter the property’s full civic address.
- Define permitted use and rules: Describe the tenant’s intended business activity and set any restrictions on competitors or property use.
- Provide party details: Enter the legal information for the landlord, tenant, and any guarantor.
- Set the lease term and options: Select the duration (fixed, month‑to‑month, or year‑to‑year) and indicate renewal or early possession rights.
- Establish rent terms: Choose between gross, net, or triple‑net rent, then specify the rate, frequency, and calculation method.
- Add payment timing and adjustments: Pick a payment day and decide whether to include rent increases, deposits, or late fees.
- Assign costs, utilities, and insurance: Identify which party is responsible for each recurring expense.
- Include improvements and incentives: Note any renovation obligations or move‑in incentives.
- Finalize and sign: Add any extra clauses needed, confirm the signing date, and generate your completed Commercial Lease Agreement for review.
Legal considerations for using a Commercial Lease Agreement
Across Canada, commercial leases are primarily regulated by general contract law and provincial or territorial commercial tenancy legislation, making it essential to have clear, written terms that outline each party’s rights and obligations. Examples of these laws include:
British Columbia
In British Columbia, the Commercial Tenancy Act outlines key aspects of the landlord–tenant relationship, including rules for rent recovery, termination, and dispute resolution. These statutory provisions apply alongside the terms negotiated in the Commercial Lease Agreement.
Alberta
Alberta doesn’t have a dedicated commercial tenancy statute. Instead, commercial leases are governed by common law principles of contract and property. Landmark decisions—such as Highway Properties Ltd. v. Kelly, Douglas & Co. Ltd.—help define landlord remedies when a tenant abandons the premises.
Ontario
In Ontario, the Commercial Tenancies Act provides default legal rules governing issues like termination, overholding, rent recovery, and notice requirements. However, most of these provisions can be modified by a clearly drafted Commercial Lease Agreement that reflects both parties’ intentions.
Commercial Lease Agreement FAQs