Retail Lease Agreement
(Long Form)

Summary

This retail lease agreement template is drafted for lease of retail space in (1) a mixed-use building, (2) shopping center, or (3) stand-alone property. This template includes practical guidance and drafting notes. Provisions related to each type of retail space are included as options in the retail lease agreement, and therefore the template should be tailored to the specific transaction by deleting those provisions that are not applicable. This template includes optional provisions and drafting notes regarding green leasing. Green leasing, or leasing of retail space in an environmentally and energy-friendly building, requires thoughtful consideration of lease terms. Green leases currently run the gamut, depending upon the exact green features of the building, the magnitude of the sincere goals of the landlord and the tenants, the decisions they have made on allocation of responsibility for meeting those goals, and, to an extent, the incentives, green certification, or carbon trading involved. The changes typically affect permitted use, CAM, maintenance, alterations, buildout, procurement, utility, signage, insurance, surrender and assignment clauses, and building regulations at a minimum. A green lease (including this one) should always be carefully customized to reflect the client's intentions, the building's features, and sound practical judgment. For further guidance, see Green Leasing. For related templates, see Memorandum of Lease (Retail Lease) and Letter of Intent (Retail Lease) (Long Form). For a full listing of key content covering real estate transactions for in-house attorneys, see In-House Real Estate Resource Kit. For a full listing of key content covering retail leasing, see Retail Leasing Resource Kit. For a full listing of key content covering commercial real estate, see First Year Associate Resource Kit: Real Estate. For a full listing of key content covering commercial leasing, see Junior Associate Real Estate Resource Kit (Commercial Leasing). To compare state laws on commercial real estate leasing, see the Real Estate State Law Comparison Tool.