Commercial Lease

Text applying only to commercial leases: it is unlawful to require any payment, including key money or the lessor's attorney fees for preparing the lease, as a condition of initiating, continuing or renewing a lease…

The chapter on abandoned personal property applies only to commercial real property as defined in section 1954.26 (excluding self-storage), and defines landlord, owner, premises and reasonable belief.

Definitions: lease means a nonresidential lease or sublease and modifications, restriction on use covers limiting, mandating or prohibiting a use or a change in use, and landlord and tenant include sublandlords,…

Text stating how notices under sections 1161 and 1161a are served: personal delivery;

Every commercial lease form or rental agreement executed on or after January 1, 2017 must state whether the premises have undergone a CASp inspection, with the report-delivery, confidentiality and repair-allocation…

Where consent is subject to an express or implied reasonableness standard and the landlord unreasonably withholds it, the tenant has contract remedies including damages and the right to terminate the lease.

A tenant who transfers in violation of a restriction on transfer exposes itself to the landlord's contract remedies, including damages and termination of the lease.

Text applying section 1161 to commercial real property after a rent default: if the notice identifies the amount as an estimate and the amount is reasonably estimated, the tenant remains subject to judgment for…

THE NOTICE TO QUIT is the first step in a Connecticut eviction and the section prescribes its grounds, FORM and delivery, including the statutory period before a summary process complaint may be served.

Illegal use of the premises voids the lease as the section provides. A distinct ground from non-payment.

A lease or rental agreement provision by which a tenant WAIVES THE BENEFITS OF SECTIONS 47a-36 TO 47a-40, INCLUSIVE, or that limits a tenant's rights under those sections, is VOID against public policy.

How a residential eviction is actually executed, including removal and the handling of unclaimed possessions. The step landlords most often get wrong after winning.

Summary-process execution rule for nonresidential property: after judgment for possession the defendant and bound occupants must remove themselves and their possessions unless execution is stayed, and the section then…

Connecticut rule for commercial space in a shopping center or a building occupied by two or more businesses: a lease entered on or after October 1, 1979 may not require the lessee to be open seven days a week or on any…

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Connecticut text on serving a nonresident or absent occupant: the notice may be served on the person in charge of the premises or, if none, in the manner of §§ 52-57 or 52-57a at least ten days before the quit date, and…

Where a written lease expressly waives notice to quit on termination by lapse of time, the notice prescribed by 47a-23 and 47a-23a is not required and complaint and summons may issue as if notice had been given.

What counts as nuisance for summary process purposes. Narrower than the colloquial sense; check it before pleading nuisance.

Delaware text: a summary possession proceeding begins by filing a complaint for possession, after which the court issues process and serves the complaint with a notice of the hearing time and place and the stated…

A deed or letter of attorney concerning land, ONCE ACKNOWLEDGED OR PROVED AND THE ACKNOWLEDGMENT CERTIFIED, is recorded with its certificate in the recorder's office for the county where the land lies.

Delaware text requiring the Justice of the Peace Court to establish, by April 27, 2024, a post-filing residential eviction diversion program with an initial mediation conference and a housing counselor for the tenant.

The notice of hearing and complaint are served at least 5 and not more than 30 days before the hearing and filed with proof of service before the hearing and within 5 days of service, with a signed, refused or unclaimed…

Where judgment enters for failure to pay rent and the default arose from a good faith dispute, the tenant may stay proceedings by paying the rent due and costs or filing an undertaking to pay within 10 days.

Definitions for Delaware's Commercial Leases chapter: a commercial unit is any lot, structure or portion occupied or rented for commercial or industrial purposes, and landlord, tenant and the other terms are defined for…

A tax on the premises paid by or levied from the tenant is a setoff against rent and recoverable from the owner, unless the lease provides otherwise.

Delaware recording rule for leases: a document defined in 30 Del. C. § 5401(5) and not exempt from realty transfer tax is unenforceable in any Delaware court unless it, or a memorandum identifying the parties, premises…

Which tenancies the Delaware Residential Landlord-Tenant Code governs. Check it first; the Code's protections and its notice periods only apply to covered tenancies.

What the Code does NOT cover. A tenancy outside the Code is governed by the lease and general law instead.

District of Columbia text: nothing in the notice-to-quit provisions prevents the parties to a lease from agreeing in writing to a longer or shorter notice than the chapter provides, or from waiving notice.

A notarial act relating to a statement made in or a signature executed on a record requires THE INDIVIDUAL MAKING THE STATEMENT OR EXECUTING THE SIGNATURE TO APPEAR PERSONALLY BEFORE THE NOTARIAL OFFICER, including an…

Writing requirements text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

D.C. text stating that when real estate is leased for a certain term no notice to quit is necessary and the landlord is entitled to possession on expiration of the term.

A commercial month-to-month or quarter-to-quarter tenancy ends on a 30-day written notice to quit either way between housing provider and tenant.

A tenancy at will is terminated by 30 days' notice to quit. Useful where the District lease contemplates a holdover or an unwritten arrangement.

Governs a tenant holding over after the term and the notice required to end that tenancy. The lease's holdover article should be drafted against it.

D.C. text providing that neither landlord nor tenant may recall a notice once given without the other's consent, and stating the effect of the notice's expiration. Read it before withdrawing or reissuing a notice.

Prescribes how a notice to quit is served, including personal delivery, delivery to a person of suitable age at the premises, and posting with mailing.

Establishes the summary possession action in the Superior Court and the summons that starts it. It is the procedural end point of every District lease default clause.

Florida text allowing a nonresidential tenant, where the lease places repair or maintenance on the landlord but is silent on procedure and the landlord's failure has rendered the premises wholly untenantable, to…

Florida text allowing a person to whom rent or money for advances is due, or an agent or attorney, to file a verified distress complaint in the county where the land lies, alleging the relationship, how the obligation…

Florida text under which a judge issues a distress writ enjoining the tenant from damaging, disposing of, secreting or removing property liable to distress until levy, vacation of the writ or further order, with…

Florida text requiring the landlord or the landlord's attorney or agent seeking removal of a nonresidential tenant to file a complaint stating the authorizing facts and describing the premises in the proper court of the…

Florida text on service in a nonresidential removal action: after two attempts at least six hours apart, if the defendant cannot be found, the sheriff may serve by posting the summons on the premises, with the mailing…

Florida text stating that if the issues are found for the plaintiff judgment is entered for possession, and that where money damages were expressly sought the court also enters a money judgment within its jurisdictional…

Florida text providing that after judgment for the plaintiff the clerk issues a writ to the sheriff commanding that the plaintiff be put in possession.

Subsection (5) requires the RADON GAS NOTIFICATION, in the statute's prescribed words, at or before execution of any contract for sale or any rental agreement for a building.

Florida text setting the summary procedure that applies to actions a statute or rule assigns to it, including the pleading, defense and hearing rules the section states;

Florida: 689.01 generally requires a written instrument signed in the presence of two subscribing witnesses for its covered conveyances, preserving testamentary/operation-of-law provisions, leases and instruments…

Maryland default rule: if improvements on property rented for a term of not more than seven years become untenantable by fire or unavoidable accident, the tenancy terminates and rent liability ceases on payment…

A covenant by the tenant to leave, restore, surrender or yield the leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials or fix defects without the tenant's…

Limits and conditions an award of attorney's fees in a Maryland landlord-tenant action. A one-sided fee-shifting clause in a Maryland lease should be checked against it.

Definitions for Maryland's distress-for-rent subtitle, including court (the District Court), defendant (a tenant), distress and goods (which includes inventory and equipment on the leased premises but not intangibles).

A freehold, inheritance estate, use declaration or limitation, or estate over seven years passes only if its deed is EXECUTED AND RECORDED, a freehold title condition, not mere priority.

Maryland statute of frauds for estates in land: a leasehold or other estate created by parol and not in a writing signed by the party creating it (or an agent authorized in writing) takes effect only as an estate at…

Maryland text giving a transferee of the reversion or of the rent the same remedies against the tenant as the original landlord, and subjecting the transferee to the same remedies for the landlord's covenants;

Maryland text preserving a tenant's right to remove fixtures the tenant erected when the tenant accepts a subsequent lease of the same premises without an intermediate surrender of possession.

Maryland text making distress for rent an action at law brought exclusively in the District Court regardless of amount, available only for unpaid rent under a written lease for a term of more than three months or a…

Sets Maryland's notice periods to end a periodic tenancy or to proceed against a tenant holding over, generally one month's written notice for a month-to-month tenancy and three months for a year-to-year tenancy, with…

A residential lease provision purporting to relieve the landlord from liability for negligence is VOID. Do not draft one.

A lease provision waiving the tenant's right to statutory notices is void. Massachusetts residential leases cannot contract around the notice regime.

Applies to the specified estates, leases for more than seven years from their making, and rent/profit assignments.

Massachusetts text for non-dwelling premises: on nonpayment under a written lease the landlord may terminate as the lease provides or, absent such provisions, by at least fourteen days' written notice to quit, and the…

Recovering possession after a tenancy at will has been terminated. The step after the section 12 notice.

THE STRICTEST SECURITY DEPOSIT STATUTE IN THIS COLLECTION, and the one that generates Massachusetts landlord liability.

A lessor who orally agrees to execute a lease and obtains the lessee's signature must deliver a signed copy within thirty days, with a fine for violation and no waiver permitted.

Lease provisions restricting a tenant's right to litigate or limiting landlord liability are void as the section provides. Another clause family to keep out of a Massachusetts lease.

Massachusetts text allowing a residential lessor to sue for possession before a written lease of at least six months expires, on the stated conditions: the signed lease annexed to the summons, no filing before the last…

Appeal rule in summary process: a notice of appeal must be filed within 10 days of judgment, execution does not issue until 10 days after judgment, and the section then sets the appeal bond and waiver rules.

Proceedings under this article are not appealable except on the ground of lack of jurisdiction, but the landlord remains liable in a civil action for unlawful proceedings under the article.

Goods and chattels on leased real property are not liable to be taken by execution, attachment or other process unless the party suing out the process first pays the landlord all rent then due, not exceeding one year's…

A tenant who gives notice of an intention to quit at a specified time and then fails to deliver possession at that time must pay double the rent from that time, recoverable in the same manner as the single rent, and the…

A tenant who holds over and pays rent after a term expires becomes a month-to-month tenant on the same terms, not a year-to-year tenant.

Grantees or assignees of leased real estate or of the reversion, and their successors, have the same advantages against the lessees as the original lessors, by entry for nonpayment of rent, for waste or other…

For tenancies not governed by the Anti-Eviction Act, three months' notice to quit terminates the tenancy.

Lets a tenant who is a victim of domestic violence, or whose child is, terminate the lease on 30 days' written notice with specified documentation, and limits liability to rent through the termination date.

Contract writings, modification and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Contract writings, modification and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Contract writings, modification and scope restrictions text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Statute of frauds for real property: an estate or interest in real property, other than a lease for a term not exceeding one year, cannot be created, granted, assigned or surrendered except by a deed or conveyance in…

A security deposit remains the tenant's money, is held in trust by the landlord and may not be mingled with the landlord's own funds;

Lists the grounds for a summary proceeding and requires a written 14-day demand for rent before a nonpayment proceeding. A New York lease's default clause cannot substitute a shorter demand.

Lease terms and nonwaivable protections text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Text on how the proceeding that follows the notice begins: by petition and a notice of petition, which may be issued only by an attorney, judge or clerk of the court and not by a party prosecuting in person;

Ohio text defining tenant, landlord and residential premises for chapter 5321, the Landlords and Tenants Act, in terms of a dwelling unit for residential use and occupancy, which marks the boundary between that chapter…

Ohio: 5301.01(A) requires the grantor's signature and acknowledgment before a listed officer, who certifies the acknowledgment and signs the certificate. The current paragraph does not require two attesting witnesses.

Ohio text allowing a memorandum of lease, executed and acknowledged under section 5301.01, to be recorded in lieu of the lease, and listing what the memorandum must contain: the parties' names and addresses, a reference…

Ohio text on which judges may hear forcible entry and detainer actions, the two-year period for bringing an action, and the chapter's definitions of tenant, landlord and related terms.

THE THREE-DAY NOTICE TO LEAVE THE PREMISES is the prerequisite to an Ohio eviction and must be served at least three days before the action, by certified mail or by the other means the section allows, AND must contain…

An unrecorded deed or land contract is fraudulent as against a subsequent bona fide purchaser. Record in the county where the land lies, promptly.

Ohio text providing that no lease, estate or interest in lands shall be assigned or granted except by deed or note in writing signed by the party granting it or an authorized agent, or by operation of law.

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Who may be removed by Ohio's forcible entry and detainer action, which is the eviction proceeding. Confirm the tenancy falls within it before drafting.

Ohio text stating that no summons issues until a written complaint is filed describing the premises and the unlawful entry or detention, and that a minor tenant may not be listed as a defendant when a parent or adult…

Pennsylvania's unconsolidated Landlord and Tenant Act, published as a complete act.

Rule text: except as the chapter otherwise provides, the procedure in an action to enter a judgment in ejectment for possession of real property by confession under an instrument authorizing it, other than a residential…

Rule text: the action is commenced by filing a complaint substantially in the form of Rule 2952 that also avers the judgment is not being entered against a natural person in connection with a residential lease,…

Magisterial district judges have jurisdiction of, among the matters listed, those arising under The Landlord and Tenant Act of 1951 that the act states to be within their jurisdiction, with the remaining paragraphs on…

Identifies who may perform a notarial act in Pennsylvania, including notaries public, judges and specified court and recording officers.

A notarial act must have a contemporaneous certificate signed and dated by the officer, identifying the county, state and office. A notary's certificate also states commission expiration;

Provides sufficient short forms for individual and representative acknowledgments, an attorney's acknowledgment, verification on oath or affirmation, signature witnessing and copy certifications, if completed with the…

Pennsylvania: to protect priority, have the deed acknowledged or lawfully proved and record it in the property's county.

Rule text: a judgment in ejectment entered by confession is enforced as an ejectment judgment under Rule 3160 et seq., execution is commenced by a praecipe for a writ of possession in the form of Rule 2974.1, and the…

Texas text, in the commercial tenancies chapter, stating that notwithstanding a lease provision to the contrary a tenant's right of possession terminates and the landlord may recover possession if the tenant uses or…

An unrecorded conveyance is VOID as to a creditor or subsequent purchaser for value without notice, but binding between the parties and on those with notice. The reason to record promptly.

THE NOTICE TO VACATE is the prerequisite to a Texas eviction: generally at least THREE DAYS unless the lease provides otherwise, delivered as the section allows. A defective notice defeats the suit;

Texas text giving a person who leases all or part of a building for nonresidential use a preference lien on the tenant's or subtenant's property in the building for rent due and for rent to become due during the current…

Texas text allowing the person to whom rent is payable under a building lease, or an agent or representative, to apply to the justice of the peace where the building is located for a distress warrant if the tenant owes…

What may be recorded and the acknowledgment or sworn proof required. Recording is what protects the grantee; build it into the closing.

Commercial lease scope, deposits and renewal text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Commercial lease scope, deposits and renewal text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Commercial lease scope, deposits and renewal text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Commercial lease scope, deposits and renewal text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Except where otherwise provided, the circuit court of any county or city, its clerk, or the clerk's duly qualified deputy in his office records a writing as to any person whose original signature is on it once that…

Virginia: sections 55.1-600 and 55.1-612 preserve acknowledgment AND proof routes.

Agreements requiring a signed writing text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.