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Commercial Lease Option Agreement Template for Canada

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Key Requirements PROMPT example:

Commercial Lease Option Agreement

"I need a Commercial Lease Option Agreement for a retail space in downtown Toronto, with a 6-month option period starting March 1, 2025, and including specific provisions for restaurant use and renovation allowances."

Document background
The Commercial Lease Option Agreement is a strategic document used in Canadian commercial real estate transactions when a potential tenant requires time to evaluate a property or secure financing before committing to a full lease agreement. This document is particularly valuable for businesses planning expansion, entering new markets, or requiring due diligence periods before committing to a lease. The agreement typically includes detailed terms about the option period, exercise requirements, consideration paid, and the fundamental terms of the proposed lease. Under Canadian law, these agreements must comply with provincial property legislation and common law principles, and they often require registration in the relevant land registry system. The Commercial Lease Option Agreement provides protection for both the landlord, who receives consideration for keeping the property available, and the potential tenant, who gains exclusive rights to lease the property under agreed terms.
Suggested Sections

1. Parties: Identifies and defines the Option Grantor (Landlord) and Option Holder (Potential Tenant)

2. Background: Sets out the context of the agreement, including property details and parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Option: Specifies the explicit grant of the option to lease the property

5. Option Period: Defines the duration during which the option can be exercised

6. Option Fee: Details the consideration paid for the option and whether it's applicable to future rent

7. Exercise of Option: Specifies the process and requirements for exercising the option

8. Proposed Lease Terms: Outlines the key terms of the lease that will come into effect if the option is exercised

9. Property Access: Defines rights of access for inspection and assessment during the option period

10. Representations and Warranties: States the parties' representations regarding the property and their authority

11. Default and Termination: Specifies events of default and termination rights

12. Notices: Details how formal communications between parties should be made

13. General Provisions: Including governing law, entire agreement, and other standard provisions

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Due Diligence: Include when the option holder requires specific rights to conduct property investigations

2. Environmental Matters: Include when environmental investigations or warranties are specifically required

3. Assignment: Include when transfer of option rights needs to be specifically addressed

4. Property Maintenance: Include when specific obligations regarding property maintenance during the option period are required

5. Existing Tenancies: Include when the property has existing tenants whose rights need to be addressed

6. Development Conditions: Include when the option is contingent on specific development approvals or conditions

7. Financing Conditions: Include when the exercise of the option is subject to financing conditions

8. Option Extension: Include when there's a possibility to extend the option period

Suggested Schedules

1. Property Description: Detailed legal description of the property and any included fixtures

2. Proposed Lease Agreement: Draft of the full lease agreement to be executed upon option exercise

3. Permitted Use: Detailed description of allowed uses for the property

4. Rent Schedule: Detailed breakdown of rent payments, including any escalations

5. Property Plans: Floor plans, site plans, or other relevant property drawings

6. Existing Conditions Report: Documentation of property condition at time of option agreement

7. Required Insurance: Detailed insurance requirements for both option period and subsequent lease

8. Service Charges: Breakdown of estimated service charges and operating costs

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Commercial Real Estate

Retail

Hospitality

Manufacturing

Healthcare

Professional Services

Warehousing and Distribution

Technology

Education

Financial Services

Relevant Teams

Real Estate

Legal

Finance

Operations

Business Development

Risk Management

Facilities Management

Property Administration

Corporate Development

Lease Administration

Relevant Roles

Real Estate Director

Property Manager

Commercial Lease Manager

Chief Financial Officer

Business Development Manager

Facilities Manager

Legal Counsel

Risk Manager

Operations Director

Store Development Manager

Expansion Manager

Real Estate Broker

Corporate Counsel

Finance Director

Property Administrator

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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