Commercial Lease Questionnaire - Free Download
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1
Commercial Lease Check-list/Questionnaire
Preliminary Determinations
A. Capacity and Consent of Parties
Make sure all parties have legal capacity to enter into the lease and that they
voluntarily consent.
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B. Conditions of Lease
1. Are there any conditions to effectiveness of lease and commencement of its
term, e.g.:
a. Delivery of possession of leased premises on or before specific date
b. Ability to obtain zoning variance for tenant's intended business use
c. Ability to obtain business or other license required for operation of
tenant's business
d. If landlord is required to construct new building, landlord's ability to obtain
financing
2. What is deadline for satisfaction of condition
3. What steps, if any, must party take to indicate satisfaction of condition (e.g.,
written notice to other party)
4. What will effect of failure of condition be
a. Automatic cancellation of lease.
b. Cancellation on written notice.
c. Waiver of condition.
d. Option or obligation of party intended to benefit from condition.
(1) To extend deadline for satisfaction of condition; or
(2) To cancel lease.
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C. Term of Lease
1. Will term be for:
a. Fixed period
b. Month-to-month
2. If term will be fixed:
a. What is length of term
b. Does term commence on:
(1) Specified date
(2) Occurrence of specified event
