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Option To Lease Agreement Template for United States

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Key Requirements PROMPT example:

Option To Lease Agreement

"I need an Option to Lease Agreement for a retail space in downtown Chicago, with a 6-month option period starting March 1, 2025, and the option to extend for an additional 3 months if needed; the space will be used as a high-end restaurant and we'll need provisions for extensive renovations."

Document background
The Option To Lease Agreement is a crucial document in U.S. real estate transactions where a potential tenant needs to secure future leasing rights while maintaining flexibility. It is commonly used when a business needs time to conduct due diligence, secure financing, or complete other preparations before committing to a full lease agreement. The document provides the optionee with exclusive rights to lease the property during the option period, typically in exchange for a fee. This agreement is particularly valuable in commercial real estate transactions where significant due diligence or business planning is required before committing to a lease. It includes specific terms about the property, option period duration, consideration paid, conditions for exercise, and the fundamental terms of the proposed lease that would take effect upon exercise of the option.
Suggested Sections

1. Parties: Identification of the option grantor (property owner) and grantee (potential tenant)

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property subject to the option

5. Grant of Option: Express grant of the option and its basic terms

6. Option Period: Duration of the option and any extension provisions

7. Option Fee: Amount and payment terms for the option consideration

8. Exercise of Option: Process and requirements for exercising the option

9. Proposed Lease Terms: Key terms of the lease that will be entered into if the option is exercised

10. Property Access: Rights of access for inspection during the option period

11. Representations and Warranties: Statements of fact by both parties about their capacity and the property

12. Assignment: Restrictions on transfer of option rights

13. Notices: How and where formal communications between parties should be made

14. Governing Law: Jurisdiction and applicable law

15. Entire Agreement: Integration clause and relationship to other documents

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Due Diligence: Detailed provisions for property investigation, used when extensive due diligence is anticipated

2. Environmental Matters: Special provisions for properties with potential environmental concerns

3. Financing Contingency: Include when the option exercise is contingent on obtaining financing

4. Property Maintenance: Requirements for property maintenance during the option period, important for longer option terms

5. Tenant Improvements: Used when pre-lease improvements are contemplated

6. Option Extension: Mechanism for extending the option period, if applicable

7. Right of First Refusal: Additional rights if the owner receives third-party offers during the option period

8. Broker Provisions: Include when real estate brokers are involved in the transaction

Suggested Schedules

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

2. Proposed Lease Terms Schedule: Detailed terms of the proposed lease including rent, duration, and other key provisions

3. Due Diligence Documents: List of documents to be provided for due diligence

4. Property Plans: Site plans, floor plans, or other relevant property drawings

5. Permitted Use Schedule: Detailed description of allowed property uses

6. Form of Notice of Exercise: Template for properly exercising the option

7. Environmental Reports: Any existing environmental studies or reports

8. Title Documents: Current title report or commitment

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






































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Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Office Space

Healthcare

Hospitality

Manufacturing

Warehousing

Education

Technology

Professional Services

Relevant Teams

Legal

Real Estate

Finance

Operations

Facilities Management

Risk Management

Business Development

Property Management

Asset Management

Corporate Development

Relevant Roles

Real Estate Director

Property Manager

General Counsel

Legal Counsel

Chief Financial Officer

Business Development Manager

Facilities Manager

Real Estate Broker

Commercial Leasing Manager

Operations Director

Site Selection Manager

Expansion Director

Corporate Real Estate Manager

Asset Manager

Risk Manager

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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