What is a Restaurant Lease?
When to use a Restaurant Lease:
- Own commercial property that will be leased to a tenant to run a Restaurant.
- Want to lease commercial rental property for use as a restaurant from a landlord who does not have a lease form.
This Lease Agreement (this "Lease") is dated , by and between , ("Landlord"), and ("Tenant"). The parties agree as follows:
RESTAURANT. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant (the "Restaurant") located at , , .
TERM. The lease term will begin on and will terminate on .
LEASE PAYMENTS. Tenant shall pay to Landlord Lease payments shall be made to the Landlord at , , , which address may be changed from time to time by the Landlord.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF RESTAURANT. Tenant may use the Premises only for the purpose of conducting a restaurant or coffee shop business together with other uses normally and customarily incident to the operation of a restaurant or coffee shop. The Tenant shall not sell alcoholic beverages (except beer and wine if licensed) in the Restaurant with out the concerned liquor license. The Restaurant may be used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Restaurant not later than the first day of the extended absence.
The Tenant, Tenant's agents, employees and invitees, shall have the right to use the common areas and common facilities jointly with Landlord, Landlord's agents and employees, and other tenants (except such service areas as may be designated by Landlord for the exclusive use of a particular tenant or tenants) their agents, employees and invitees. All of such use of any of the common areas and common facilities shall be such as will not unreasonably obstruct or interfere with the joint use thereof, and shall be in compliance with all applicable laws, rules and regulations
SIGNS. Tenant shall install at its sole expense new awnings. Such awnings shall be installed in such locations as are approved by Landlord. The design and type of awnings shall be subject to the prior written approval of Landlord, which Landlord may grant in its sole discretion, it being understood that the Restaurant are part of an integrated and uniform building, and that control of exterior awnings and signs by Landlord is essential in order to maintain uniformity and aesthetic value in said building. Tenant agrees to submit to Landlord as soon as reasonably possible its outside elevation plans showing such proposed changes. Tenant shall maintain said awnings and signs in good condition and repair at all times, and shall hold Landlord harmless from injury to person or property arising from the erection or maintenance of said awnings and signs. Any sign placed in or upon the Restaurant, upon the written request of Landlord, shall be removed by Tenant at Tenant's expense upon the expiration or sooner termination of this lease, and all damage caused by the removal of such sign shall be fully repaired at the cost and expense of Tenant.
QUIET ENJOYMENT. The Landlord covenants that Landlord has lawful title to the above-described real property and the right to make this lease for the term aforesaid and, conditioned upon the prompt performance and observance by the Tenant, Tenant's agents and employees of all of the terms, covenants and conditions hereof required to be performed or observed by Tenant, Tenant's agents and employees, Tenant shall at all times during the term of this lease have the peaceable and quiet enjoyment of the Demised Restaurant.
PROPERTY INSURANCE. Landlord shall be named as an additional insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Restaurant. Tenant is responsible for maintaining casualty insurance on its own property.
MAINTENANCE. Landlord shall have the responsibility to maintain the Restaurant in good repair at all times.
PEST CONTROL. Tenant, at its sole expense, shall engage exterminators to control vermin and pests on a regular basis. Such extermination services shall be supplied in all areas where food is prepared, dispensed or stored and in all areas where trash is collected and deliveries are made.
JANITORIAL SERVICE. The Tenant shall provide regular janitorial service to the Leased Restaurant at its sole expense.
COVENANT AGAINST WASTE. Tenant agrees that Tenant will not commit waste in or upon the Restaurant or any portion thereof. The Tenant shall be responsible for the ventilation and cleanliness of the demised premises and for keeping the waste sewerage lines free from grease stoppages. Tenant shall be responsible for the professional removal of grease to avoid spillage and for grease recycling of shortening.
UTILITIES AND SERVICES. Landlord shall be responsible for all utilities and services incurred in connection with the Restaurant.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within days (or any other obligation within days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Restaurant without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of .
ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
SIGNATURES AND NOTICE. This Lease shall be signed by the following parties. No notice under this Lease shall be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the parties below:
Such addresses may be changed from time to time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting.
Restaurant Lease FAQs
How do you lease a restaurant space?
The good news is that you do not have to reinvent the wheel to put your agreement in writing. When using Rocket Lawyer, anyone is able to create a free Restaurant Lease online with ease. Your document will be constructed section by section, so you can feel confident that it has the correct details within. Normally, for this level of personalization, you might end up paying a conventional lawyer a few hundred dollars, if not more, in fees.
When should I create a Restaurant Rental Agreement?
Regardless of whether your property is new or many years old, it is always important to keep track of each tenancy with a lease. Using a Restaurant Lease could be helpful to you due to the following benefits:
- Neither party is surprised by how long the rental lasts
- Rent-related information is well-defined
- All parties know what they are responsible for
Any landlord opting not to make this document ought to prepare for issues like questions about payment dates and withheld deposits.
What should be included in a commercial lease agreement?
In order to complete your Restaurant Lease with Rocket Lawyer, you'll need the following information:
- The location and description of your property
- The legal name of each tenant
- How long the tenancy will last
- How payment will be made
- What utilities and/or amenities will be provided
As you may expect from a document like this one, your Restaurant Lease will also contain legal language related to late rent and property damage. As you make your document, you'll also be able to include more specifics about insurance requirements, furnishings, and maintenance procedures. Additional alterations are permitted, as necessary.
Is my Restaurant Rental Agreement legally binding under local law?
As with any legal contract, a Restaurant Rental Agreement is not legally binding until everyone has signed it. This is not your average Restaurant Lease template. Any Restaurant Rental Agreement under a Rocket Lawyer Premium membership also comes with optional access to Document Defense® support from an attorney when you need it.
What are my next steps after a Restaurant Lease has been drafted?
In order to finalize your drafted agreement, it must be signed by both you and the tenant. Make sure to send a final copy of the signed agreement to the other party. RocketSign® enables you to handle the process online. With a membership, you also can print, copy, and download it as a Word or PDF file as necessary. Also feel free to take a look at our collection of contracts and other documents for property owners .
How do local rental laws affect my Restaurant Lease?
Laws can change over time. If you've got any particular hesitations or concerns in connection to local property rental laws, you can always talk to an attorney . Finding a lawyer to provide feedback on your document can take longer than you would expect if you attempt to do it by yourself. An alternate approach to consider is to get help via the Rocket Lawyer attorney network. Rocket Lawyer members can ask for a contract review from an experienced lawyer or get answers to additional legal questions. As a property owner or manager, you can be confident that Rocket Lawyer is by your side.