Montana Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building When drafting a lease agreement for a commercial building in Montana, there are several important considerations that should be included to protect the rights and interests of both the landlord and the tenant. This checklist outlines the key matters to be considered: 1. Lease Term: Clearly define the start and end dates of the lease, including any renewal and termination options. 2. Rent and Payment Terms: Specify the monthly rent amount, due date, late fees, and acceptable payment methods. 3. Security Deposit: Determine the amount of the security deposit required and the conditions for its return. 4. Maintenance and Repairs: Clearly state the responsibilities of the landlord and tenant regarding maintenance and repairs, including who is responsible for specific systems or areas within the building. 5. Improvements and Alteration: Outline the process for obtaining permission for tenant improvements or alterations and specify whether these will be landlord or tenant responsibilities. 6. Use and Restrictions: Clearly define the permitted use of the commercial space and any restrictions or limitations imposed by the landlord. 7. Assignability and Subletting: Specify whether the tenant can assign or sublet the space and the conditions under which it is allowed. 8. Insurance: Require the tenant to carry sufficient liability and property insurance, specifying the minimum coverage amounts. 9. Indemnification: Include provisions that indemnify the landlord against any claims or damages arising from the tenant's use of the premises. 10. Default and Remedies: Outline the rights and remedies available to both parties in the event of a default, such as late rent payments or breaches of the lease terms. 11. Dispute Resolution: Specify the process for resolving disputes, whether through arbitration, mediation, or litigation. 12. Governing Law: State that the lease will be governed by the laws of Montana. Different types of Montana Checklists of Matters to be Considered in Drafting a Lease of a Commercial Building may include variations or additional clauses based on specific situations or property types. Some examples include: 1. Retail Space Lease Checklist: Includes considerations for retail-specific aspects such as signage, common area maintenance charges, and tenant exclusivity rights. 2. Office Space Lease Checklist: Includes considerations for office-specific matters such as parking allocations, access to common areas, and responsibility for utilities. 3. Industrial Space Lease Checklist: Includes considerations for industrial-specific matters such as heavy machinery use, environmental compliance, and loading dock access. In conclusion, when drafting a lease agreement for a commercial building in Montana, it is essential to consider these matters, tailor the lease to the specific needs of the property and the parties involved, and seek legal advice if necessary.