The commercial lease agreement in Missouri is a legally enforceable arrangement between a business entity and the owner of commercial property. A few things outlined in this document include the conditions of renting a retail or industrial space, an office, or any other business property. Only a business entity may use this kind of lease; however various commercial lease types exist.
Missouri Commercial Lease Agreements
If you are renting a commercial property in Missouri, a lease agreement is crucial. This document outlines the various terms and conditions. A few things that need to be included in this legally binding contract are:
Lease Term, Rent, and Other Costs
The rent for a Missouri commercial lease property is payable on the day specified in the agreement. The tenant is not permitted by law to withhold rent in the event that the landlord fails to provide basic utilities such as water or electricity. The renter may, nevertheless, file a petition with the associate division of the circuit court for receivership of the commercial property if this scenario arises and the utility service company has informed the tenants in a multi-tenant building with a master meter. This allowance is described in §§ 441.650.
To safeguard his or her ownership stake in the property, a landlord will frequently demand a security deposit. A security deposit in Missouri is limited to the equivalent of two months' worth of rent. The maximum is described in Section §§ 535.300(1). Any potential interest on the tenant's security deposit is explained in §§ 535.300(2). The landlord still holds custody of this interest. This section also deals with other rent and possession procedures.
Because security deposits should never be combined with other funds, a landlord should keep a separate bank account for them. You may read more about what types of funds can be combined in §§ 339.105.
However, any security deposit a tenant pays must be kept in the lessor's trust and transferred to a bank or other financial institution in the name of the trustee. The security deposit must be returned to the renter in full, less any applicable fees, within 30 days after the end of the lease.
This deposit is transferred back to the tenant upon termination of the lease.
Allowed Uses of a Deposit
There are various reasons a landlord might use the security deposit:
- If the tenant does not pay the rent on time as per the deal.
- As a form of compensation if the tenant unexpectedly ends the Missouri commercial lease agreement and does not provide sufficient and appropriate notice. The landlord needs to make a reasonable attempt to mitigate the damages in order to use the deposit for this purpose. This protects landlords in case of a breach of the binding contract.
§§ 535.300(2) requires a landlord to submit a written statement of the damages and how the deposit was used, including an itemized list. The renter has legal recourse and can seek up to double the amount wrongly withheld in damages if the landlord fails to comply with legislation and wrongfully withholds money from the tenant. A law firm that specializes in commercial lease agreements can assist with regard to this.
Missouri is one of the states with no state-implemented disclosures. However, a landlord is still required to abide by federal disclosure regulations, which include declaring the existence and other details of lead-based paint in buildings constructed before 1978 and how utilities are paid.
Landlords are required to make this information known to tenants prior to the lease signing because lead-based paint may be present in any building constructed before 1978. The following requirements must be covered in the Missouri commercial lease agreement:
- A completed lead-based paint disclosure form
- Reports or records of the hazard
- Information from the EPA
Missouri Landlord/Tenant Laws
Commercial leases often have terms longer than five years, and occasionally even last for 10.
Additionally, there are various lease types when it comes to commercial lease agreements; for instance, some business tenants sign a percentage lease, which gives the landlord a share of the company's profits in exchange for somewhat cheaper rent. A percentage lease is quite a popular pick. Other lease forms include triple-net leases, which has the tenant pay for the bulk of the property's operating expenses, and gross leases, in which the tenant is primarily responsible only for rent and utilities.
The tenant must be aware of any additional fees for services such as water, sewage, internet, maintenance, and phone. Many landlords might cover these charges in some situations to sweeten the bargain, but this isn't always the case.
Both the landlord and the tenant must print, sign, and date the document in order for it to be closed. Hence, it's crucial that both parties understand all the provisions in the leasing agreement.
Build Your Own
Do you want to draw up your own Missouri commercial lease agreement? If our generic form isn't quite what you're looking for, you can build your own. All you need to do is use our eForms agreement generation tool.
Alternatively, if you're looking for a commercial lease template, feel free to use the one below:
There are various lease types when it comes to commercial leases. The document outlines a number of vital rules. Running a rental business requires creating thorough lease agreements, so if this is your first time drafting one, it is a good idea to use a platform such as DoorLoop to speed up the procedure!
Does a Missouri Commercial Lease Agreement Need to be Notarized?
Do you want to rent your industrial space to a business entity? A Missouri commercial lease agreement is not required to be notarized, but either party may request it. Any modifications or addenda may need to be notarized if a Missouri commercial lease has already been notarized.
How Often Will the Tenant Pay Rent to the Landlord?
This varies based on the contract between the parties. The leasee generally has to make a rental payment monthly; however, in terms of commercial leases, paying every three months is also common.