Types of leasehold estates The first type is most common: Estate for years: An agreement that permits occupancy between two specified dates, at the end of which the property must be vacated. Estate from period to period: A monthly tenancy that has no specified end date.
1. Gross Lease. Gross leases are most common for commercial properties such as offices and retail space. The tenant pays a single, flat amount that includes rent, taxes, utilities, and insurance.
The triple net (NNN) lease is often considered the most prevalent form of commercial lease, particularly for retail and industrial properties, due to its predictability for landlords and clear delineation of expense responsibilities for tenants.
For example, small mom and pop restaurants are probably best as sole proprietorships or partnerships. But, if your restaurant starts becoming popular and you're considering expanding and opening multiple locations, filing paperwork to become an LLC or corporation may be a worthwhile option.
An LLC can be a great choice for food and beverage business owners looking to grow while protecting their personal assets from liability.
Compare Commercial Lease Agreements Gross leases tend to benefit the tenant, whereas net leases are more landlord friendly. In a gross lease, the tenant has more control over how much is spent on such expenses as janitorial services and utilities.
Only in very limited circumstances would I recommend that a commercial landlord lock the tenant out of the premises. In Georgia, the filing of a statutory dispossessory (i.e., eviction) action is the exclusive procedure by which a landlord may legally evict a tenant.
The most common net lease is a “triple net” lease agreement which shifts all operating expenses onto the restaurant. These expenses include maintenance costs, insurance and real property taxes.
Lease agreements in Georgia do not require notarization to be valid. The agreement between a landlord and tenant is legally binding once both parties sign it, provided the lease terms comply with Georgia rental laws. Notarization is not a legal requirement for these agreements.
No, a lease agreement does not have to be notarized in Georgia to be considered legally binding. The document only comes into effect once both parties have signed it.