Tennessee Commercial Lease Agreement
Description
How to fill out Commercial Lease Agreement?
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FAQ
Commercial leases are legally binding contracts between landlords and commercial tenants. They give tenants the right to use the premises in a particular way for a set period for an agreed rent. Your lease will establish your rights and responsibilities as a tenant, as well as those of your landlord.
Commercial tenants may have the protection of the Landlord and Tenant Act 1954. The Act grants Security of Tenure to tenants who occupy premises for business purposes. The tenancy will continue after the contractual termination date until it is ended in one of the ways specified by the Act.
Commercial Tenants:Tenants must pay their rent on the due date agreed on in the lease with the landlord. Tenants cannot hold back rent because a landlord has failed to fulfill their obligations as outlined in the lease. Tenants must fulfill their obligations as outlined by the lease agreement.
Landlords are prohibited from harassing or retaliating against tenants who exercise their legal rights. In Tennessee, the landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord regarding the deposit, complaining to a government agency, or exercising a legal right.
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
Landlords are normally responsible for any structural repairs needed to maintain commercial properties. This includes exterior walls, foundations, flooring structure and the roof.
In situations in which a tenant under a commercial lease is in default, landlords tempted to lock the tenant out or to repossess the property should proceed with due respect for a Tennessee statute that has been around since 1821. That statute is known as the forcible entry and detainer statute.
The responsibilities of landlord and tenant will be clearly set out in the lease. Normally commercial landlords are responsible for any structural repairs such as foundations, flooring, roof and exterior walls, and tenants are responsible for non-structural repairs such as air conditioning or plumbing.
Your landlord is responsible for any aspects of health and safety written in the lease (eg in communal areas). You must take reasonable steps to make sure your landlord fulfils these responsibilities. If you get into a dispute with your landlord, you need to keep paying rent - otherwise you may be evicted.
Nearly all commercial leases have a clause which will entitle the landlord to re-enter the property, re-take possession and change the locks in the case of rent arrears. It is important to note that you cannot force your way into the premises and take it over.
