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Arkansas Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building

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Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building

Title: An Inclusive Guide: Arkansas Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building Introduction: When it comes to leasing a commercial building in Arkansas, there are several key considerations that both landlords and tenants must take into account to ensure a smooth and mutually beneficial arrangement. Creating a comprehensive lease agreement requires careful attention to numerous factors specific to the state's legal requirements. In this article, we will outline the essential components that both parties should address when drafting a lease for a commercial building in Arkansas. 1. Lease Term and Renewal: Specify the duration of the lease agreement, including start and end dates, as well as renewal options and conditions. Clearly define the notice period for termination or renewal. 2. Rent, Payments, and Security Deposits: Establish the monthly rent amount and payment terms. Include details regarding accepted payment methods, late fees, and penalties for bounced checks. Clearly outline the security deposit amount, refund terms, and any interest it may accrue. 3. Maintenance and Repairs: Define the responsibilities for repairs and maintenance, indicating whether it is the landlord's or tenant's duty. Specify how maintenance requests should be made and the timeline for resolution. 4. Shared Expenses: Clarify which party is responsible for common area maintenance (CAM) costs, property taxes, insurance premiums, and utilities not individually metered. Clearly state if these costs are to be shared among multiple tenants. 5. Permitted Use and Restrictions: Define the permitted use of the commercial property and any restrictions or limitations imposed by zoning, building codes, or affiliated associations. Address any exclusivity clauses preventing certain businesses from operating nearby. 6. Alterations and Improvements: Outline the process for requesting and obtaining consent to make modifications or improvements to the leased space. Specify who bears the costs and whether the tenant must restore the premises to its original condition before lease expiration. 7. Insurance and Liability: Specify the insurance requirements for each party, including general liability insurance, property insurance, and workers' compensation coverage. Clearly state which entity is responsible for insuring the building and its fixtures. 8. Default and Remedies: Clearly define the actions that constitute default and the consequences for both parties involved. Include details on the cure period and any relevant penalties or termination rights for non-compliance. 9. Dispute Resolution: Specify the agreed-upon method for resolving disputes, such as arbitration or mediation, to minimize potential conflicts and expedite resolutions. 10. Governing Law: Identify the applicable laws of Arkansas that govern the lease agreement, ensuring compliance with state regulations. Types of Arkansas Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building: 1. Standard Lease Agreement Checklist: Includes the primary matters to be covered in every commercial lease, providing a foundation for documenting the landlord-tenant relationship. 2. Retail Lease Agreement Checklist: Tailored to the specific considerations involved in leasing commercial spaces intended for retail businesses, such as marketing restrictions, common area maintenance obligations, and tenant parking. 3. Office Lease Agreement Checklist: Caters to offices and professional services, addressing matters like the allocation of common costs (utilities, janitorial services, etc.), security and access protocols, and signage restrictions. Conclusion: When drafting a lease for a commercial building in Arkansas, it is crucial to address numerous important matters that protect the interests of both landlords and tenants. By carefully considering the outlined checklist, you can create a comprehensive agreement that fosters a mutually beneficial leasing relationship in accordance with Arkansas law and ensures smooth business operations for both parties involved.

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A percentage lease is a type of lease where the tenant pays a base rent plus a percentage of any revenue earned while doing business on the rental premises. It is a term used in commercial real estate.

What to Know Before Signing Your First LeaseMake Sure You Can Afford the Rent.Expand Your Search Area.Consider a Fall or Winter Move.Determine the Must-Haves from the Wants.Determine If You'll Need a Cosigner.Get Renters Insurance.Make Sure You Do a Walk-Through.Read the Lease and Ask Questions.More items...?

These are eight clauses that a landlord should include in a lease agreement in California:Security Deposits.Specific Payment Requirements.Late Rent Fees.Rent Increases.Notice of Entry.Rental Agreement Disclosures.Gas and Electricity Disclosure.Recreational Marijuana and Rentals.

'Make good' refers to the clause/s in a lease that set out how a tenant should leave a property at the end of the lease term. Basically, when the day comes to hand back the keys to the landlord, the property should be in the condition that is stipulated in the lease.

Four Factors to Consider Before Signing a Commercial Property Lease AgreementUnderstanding the Different Lease Types. Lease agreements are not all the same.Property Lease Length.RSF Versus USF.Commercial Property Tenant Fit Out.

Five Essential Elements of a Commercial Lease AgreementParties Clause. Every commercial lease agreement should contain the complete and accurate names of the landlord and tenant.Premises Clause. You must correctly identify the commercial property being leased.Rent Clause.Term Clause.Use Clause.

If the lease agreement uses an artificial break-even point, the tenant and landlord simply agree on a flat amount, above which a percentage of any income will be given to the landlord as additional rent. For example, they might agree any amount of gross sales over $500,000 is subject to percentage rent.

5 Essential Things You Must Do Before Signing a LeaseInspect the Property and Record Any Current Damages.Know What's Included in the Rent.Can You Make Adjustments and Customizations?Clearly Understand the Terms Within the Agreement and Anticipate Problems.Communicate with Your Landlord About Your Expectations.

How does the term "break-even point" relate to percentage leases? The tenant has to break even on expenses before the percentage charge is applied. Sales proceeds must exceed last year's total before the percentage applies.

Factors to consider when making the lease or buy decisionYou want control of the property.You can consider the long-term cost.For some businesses, such as certain retail and service businesses, location is all important.You haven't found a suitable property to lease.You are in an area of appreciating land values.More items...

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The Lease Must be in Writing · The Names of All Tenants · Beginning and Ending Dates · Amount of Rent to be Paid · Security Deposit and Fees · Repairs and ... The average restaurant startup cost is $275,000 or $3,046 per seat for a leased building. Bump that up to $425,000 or $3,734 per seat?if you want to own the ...01-Dec-2013 ? Landlord, in consideration of the rents to be paid and theThe Tenant shall repair and maintain the Leased Premises in good order and ... 07-Nov-2019 ? No matter how straightforward your business is, you need to write a briefconsider leasing a property before buying ? you can invest the ... 18-Apr-2013 ? Rent retail or office space. If you've got a brick-and-mortar business, you'll need to sort this out early. If you plan to run a retail ... State law provides that upon the voluntary or involuntary termination of any lease agreement, all property left in the dwelling by the tenant will be considered ... The HUBZone program fuels small business growth in historically underutilized business zones with a goal of awarding at least 3% of federal contract dollars ... Item 9 - 503 ? The names and addresses of the parties. · A description of the leased premises. · The lease term, including the commencement date and the expiration ... Finally, chapter 5 reviews provisions included in commercial leases in?we do not write on a clean slate?'the law as to leases is not a matter of logic ... Items 1 - 10 ? ATTACHMENT 6-B: ZERO INCOME VERIFICATION CHECKLISTB. Establishing a Basic Rent at the Property.F. Completing the Review .

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Arkansas Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building