Form TAR-2101 "Commercial Lease - Texas Association of Realtors" - Texas

What Is Form TAR-2101?

Form TAR-2101, Commercial Lease, is used by Texas landlords and tenants to outline the details of the commercial property rental. It can only be filled out and signed by members of the Texas Association of Realtors (TAR) - one of the biggest real estate firms in the state - when agreeing on the commercial lease. You can complete this document to use the property for commercial or business activity, usually for a long period of time. This form also establishes the amount of money paid for the lease and rights and responsibilities for both the landlord and tenant.

Alternate Names:

  • Texas Association of Realtors Commercial Lease Agreement Form;
  • TAR Commercial Lease.

The latest version of the document was issued on January 26, 2010, with all previous editions obsolete. You can download a fillable Texas Association of Realtors Commercial Lease through the link below.

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Form TAR-2101 Instructions

It is in everyone's best interest to draft a proper lease agreement and establish a long-term rapport between the landlord and the tenant. Whether you plan to enter into an industrial or retail lease, rent one room, an entire office, or building, follow these steps to complete TAR Commercial Lease:

  1. Identify the parties to the lease.
  2. Describe the leased property and all its improvements.
  3. Indicate the term of the lease - you need to enter the commencement and expiration dates.
  4. State the amount of monthly rent and supplemental expenses. Agree on the payment method before the tenant uses the premises.
  5. Add a security deposit as an addition to the advance rent and decide who pays for the utilities.
  6. Include an insurance clause to guarantee payment for any damage to the property.
  7. Decide when the tenant may use the property and outline for which purpose these premises are rented. The tenant must promise to comply with all laws and regulations and do not conduct any illegal activities on the rented premises.
  8. Forbid the use of signs and decoration outside the premises without the landlord's consent and write down when the landlord can access the property.
  9. Confirm that the premises are leased in its present condition and they must be surrendered in the same condition except for wear and tear.
  10. Determine which party is responsible for general maintenance and repairs and state who and when can make alterations to the premises.
  11. Include common lease clauses - indemnity, default, subordination, casualty loss, etc. You may add other provisions using free space in the form.
  12. Identify brokers to the lease and state when they will receive their fees.
  13. Certify you have read and understood the contract, date, and sign the document. However, once the papers are prepared, you are not bound to the terms forever - a commercial lease offers flexibility and negotiability, and parties can discuss the clauses of the agreement, especially if their relationship proves to be fruitful.

You can also sign addendums to outline the reimbursement of expenses, future extension, parking, right of first refusal, etc.

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Download Form TAR-2101 "Commercial Lease - Texas Association of Realtors" - Texas

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T
A
R
EXAS
SSOCIATION OF
EALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2010
Table of Contents
No.
Paragraph Description
Pg.
No. Paragraph Description
Pg.
1.
Parties
2
22.
Holdover
10
2.
Leased Premises
2
23.
Landlord's Lien & Security Interest
11
3.
Term
2
24.
Assignment and Subletting
11
A. Term
25.
Relocation
11
B. Delay of Occupancy
26.
Subordination
11
4.
Rent and Expenses
3
27.
Estoppel Certificates & Financial Info.
11
A. Base Monthly Rent
28.
Casualty Loss
12
B. First Full Month's Rent
29.
Condemnation
12
C. Prorated Rent
30.
Attorney's Fees
12
D. Additional Rent
31.
Representations
12
E. Place of Payment
32.
Brokers
13
F. Method of Payment
33.
Addenda
13
G. Late Charges
34.
Notices
13
H. Returned Checks
35.
Special Provisions
14
5.
Security Deposit
4
36.
Agreement of the Parties
14
6.
Taxes
4
ADDENDA & EXHIBITS
7.
Utilities
4
(check all that apply)
8.
Insurance
5
Exhibit
9.
Use and Hours
6
Exhibit
10.
Legal Compliance
6
Commercial Lease Addendum for Broker's Fee
11.
Signs
7
(TAR-2102)
12.
Access By Landlord
7
Commercial Lease Addendum for Expense
13.
Move-In Condition
7
Reimbursement (TAR-2103)
14.
Move-Out Condition
7
Commercial Lease Addendum for Extension
15.
Maintenance and Repairs
8
Option (TAR-2104)
A. Cleaning
Commercial Lease Addendum for Percentage
B. Conditions Caused by a Party
Rent (TAR-2106)
C. Repair & Maintenance Responsibility
Commercial Lease Addendum for Parking
D. Repair Persons
(TAR-2107)
E. HVAC Service Contract
Commercial Landlord's Rules and Regulations
F. Common Areas
(TAR-2108)
G. Notice of Repairs
Commercial Lease Guaranty (TAR-2109)
H. Failure to Repair
Commercial Lease Addendum for Right of First
16.
Alterations
9
Refusal (TAR-2105)
17.
Liens
9
Commercial Lease Addendum for Optional
18.
Liability
10
Space (TAR-2110)
19.
Indemnity
10
Commercial Lease Addendum for Construction
20.
Default
10
(TAR-2111) or (TAR-2112)
21.
Abandonment, Interruption of Utilities,
Commercial Lease Addendum for
Removal of Property & Lockout
10
Contingencies (TAR-2119)
Information About Brokerage Services
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
Page 1 of 15
Austintatious Properties LLC 333 S Des Plaines St Chicago, IL 60661
Phone:
512-689-5740
Fax:
312-207-0813
Rene Gonzalez
Untitled
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
www.zipLogix.com
T
A
R
EXAS
SSOCIATION OF
EALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2010
Table of Contents
No.
Paragraph Description
Pg.
No. Paragraph Description
Pg.
1.
Parties
2
22.
Holdover
10
2.
Leased Premises
2
23.
Landlord's Lien & Security Interest
11
3.
Term
2
24.
Assignment and Subletting
11
A. Term
25.
Relocation
11
B. Delay of Occupancy
26.
Subordination
11
4.
Rent and Expenses
3
27.
Estoppel Certificates & Financial Info.
11
A. Base Monthly Rent
28.
Casualty Loss
12
B. First Full Month's Rent
29.
Condemnation
12
C. Prorated Rent
30.
Attorney's Fees
12
D. Additional Rent
31.
Representations
12
E. Place of Payment
32.
Brokers
13
F. Method of Payment
33.
Addenda
13
G. Late Charges
34.
Notices
13
H. Returned Checks
35.
Special Provisions
14
5.
Security Deposit
4
36.
Agreement of the Parties
14
6.
Taxes
4
ADDENDA & EXHIBITS
7.
Utilities
4
(check all that apply)
8.
Insurance
5
Exhibit
9.
Use and Hours
6
Exhibit
10.
Legal Compliance
6
Commercial Lease Addendum for Broker's Fee
11.
Signs
7
(TAR-2102)
12.
Access By Landlord
7
Commercial Lease Addendum for Expense
13.
Move-In Condition
7
Reimbursement (TAR-2103)
14.
Move-Out Condition
7
Commercial Lease Addendum for Extension
15.
Maintenance and Repairs
8
Option (TAR-2104)
A. Cleaning
Commercial Lease Addendum for Percentage
B. Conditions Caused by a Party
Rent (TAR-2106)
C. Repair & Maintenance Responsibility
Commercial Lease Addendum for Parking
D. Repair Persons
(TAR-2107)
E. HVAC Service Contract
Commercial Landlord's Rules and Regulations
F. Common Areas
(TAR-2108)
G. Notice of Repairs
Commercial Lease Guaranty (TAR-2109)
H. Failure to Repair
Commercial Lease Addendum for Right of First
16.
Alterations
9
Refusal (TAR-2105)
17.
Liens
9
Commercial Lease Addendum for Optional
18.
Liability
10
Space (TAR-2110)
19.
Indemnity
10
Commercial Lease Addendum for Construction
20.
Default
10
(TAR-2111) or (TAR-2112)
21.
Abandonment, Interruption of Utilities,
Commercial Lease Addendum for
Removal of Property & Lockout
10
Contingencies (TAR-2119)
Information About Brokerage Services
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
Page 1 of 15
Austintatious Properties LLC 333 S Des Plaines St Chicago, IL 60661
Phone:
512-689-5740
Fax:
312-207-0813
Rene Gonzalez
Untitled
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
www.zipLogix.com
T
A
R
EXAS
SSOCIATION OF
EALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2010
1.
PARTIES: The parties to this lease are:
Landlord:
; and
Tenant:
.
LEASED PREMISES:
2.
A. Landlord leases to Tenant the following described real property, known as the "leased premises," along
with all its improvements (Check only one box):
(1) Multiple-Tenant Property: Suite or Unit Number
containing approximately
square feet of rentable area in
(project name)
at
(address) in
(city),
(county),
Texas, which is legally described on attached Exhibit
or as follows:
.
(2) Single-Tenant Property: The real property at:
(address) in
(city),
(county), Texas, which
is legally described on attached Exhibit
or as follows:
.
B. If Paragraph 2A(1) applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
(2) the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
The rentable area
will
will not be adjusted if re-measured.
3.
TERM:
A. Term: The term of this lease is
months and
days, commencing on:
(Commencement Date)
and ending on
(Expiration Date).
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
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Commercial Lease concerning:
B.
Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4.
RENT AND EXPENSES:
A.
Base Monthly Rent:
On or before the first day of each month during this lease, Tenant will pay
Landlord base monthly rent as described on attached Exhibit
or as follows:
Dates
Rate per rentable square foot (optional)
Base Monthly
Rent $
From
To
$ Monthly Rate
$ Annual Rate
/ rsf / month
/ rsf / year
/ rsf / month
/ rsf / year
/ rsf / month
/ rsf / year
/ rsf / month
/ rsf / year
/ rsf / month
/ rsf / year
B.
Additional Rent: In addition to the base monthly rent, Tenant will pay Landlord all other amounts, as
provided by the attached (Check all that apply.):
(1) Commercial Lease Addendum for Expense Reimbursement (TAR-2103)
(2) Commercial Lease Addendum for Percentage Rent (TAR-2106)
(3) Commercial Lease Addendum for Parking (TAR-2107)
(4)
All amounts payable under the applicable addenda are deemed to be ''rent" for the purposes of this
lease.
C. First Full Month's Rent: The first full monthly rent is due on or before
.
D.
Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
E.
Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name:
Address:
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
Page 3 of 15
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Commercial Lease concerning:
F.
Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing
written notice to Tenant may require Tenant to pay subsequent amounts that become due under this
lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this
lease for Tenant's failure to make timely payments with good funds.
G.
Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Returned Checks: Tenant will pay $
for each check Tenant tenders to Landlord
which is returned by the institution on which it is drawn for any reason, plus any late charges until
Landlord receives payment.
5.
SECURITY DEPOSIT:
A. Upon execution of this lease, Tenant will pay $
to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. Within 60 days after Tenant surrenders the leased premises and provides Landlord written notice of
Tenant’s forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts owed by Tenant or other charges authorized by this lease.
TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
6.
assessed against the leased premises.
7.
UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
N/A
Landlord
Tenant
(1) Water
(2) Sewer
(3) Electric
(4) Gas
(5) Telephone
(6) Internet
(7) Cable
(8) Trash
(9)
(10) All other utilities
B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider, any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
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Commercial Lease concerning:
C.
Notice: Tenant should determine if all necessary utilities are available to the leased premises and
are adequate for Tenant's intended use.
D.
After-Hours HVAC Charges: "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
(1)
Landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
(2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of $
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
(3) Tenant will pay for the HVAC services under this lease.
8.
INSURANCE:
A. During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and effect
from an insurer authorized to operate in Texas:
(1) public liability insurance naming Landlord as an additional insured with policy limits on an occurrence
basis in a minimum amount of: (check only (a) or (b) below)
(a) $1,000,000; or
(b) $2,000,000.
If neither box is checked the minimum amount will be $1,000,000.
(2) personal property damage insurance for the business operations being conducted in the leased
premises and contents in the leased premises in an amount sufficient to replace such contents after
a casualty loss; and
(3) business interruption insurance sufficient to pay 12 months of rent payments;
B. Before the Commencement Date, Tenant must provide Landlord with a copy of insurance certificates
evidencing the required coverage. If the insurance coverage is renewed or changes in any manner or
degree at any time this lease is in effect, Tenant must, not later than 10 days after the renewal or
change, provide Landlord a copy of an insurance certificate evidencing the renewal or change.
C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that will provide Landlord the same coverage as the required insurance and
Tenant must immediately reimburse Landlord for such expense; or
(2) exercise Landlord's remedies under Paragraph 20.
D. Unless the parties agree otherwise, Landlord will maintain in full force and effect insurance for: (1) fire
and extended coverage in an amount to cover the reasonable replacement cost of the improvements of
the Property; and (2) any public liability insurance in an amount that Landlord determines reasonable
and appropriate.
E. If there is an increase in Landlord’s insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant’s use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord’s insurance premium.
(TAR-2101) 1-26-10
Initialed for Identification by Landlord:
,
, and Tenant:
,
Page 5 of 15
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