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[toc] When a person owns vacant property or land, and another individual wishes to improve or develop that property, the two parties would negotiate a ground lease. This lease also called a land lease, regards the right for the tenant to occupy a real estate area that is made up of only soil and dirt. The land might be used for a variety of purposes ranging from commercial to residential to agricultural. This is different from a standard lease agreement, a residential lease agreement, a normal rental lease agreement or a commercial lease agreement because this land lease agreement focuses on the land itself and what purpose of obligations and permissions does the lessee has. This is very important in case permanent or non-permanent constructions are allowed on the premises and so forth. You can edit and download a land lease agreement template here with PDFSimpli!!!
The person who owns the vacant property or land is referred to as the lessor or landlord. The entity or individual who wishes to improve that property is called the lessee or tenant. The lease allows the tenant to occupy this land and develop it for a variety of potential purposes.
When an agricultural land lease is put together, they might include information about the land being used for orchard trees and crops. Alternatively, the land might be a ranch used for hunting forest animals and wild game. The third option is to convert the land into a pasture that will house grazing animals including sheep, goats, and cattle.
A commercial land lease will vary in the way the land is used. To be a commercial land lease, the lease must be taken out by a company that has the intention of using the land for their business in some way. One minor use would be a business receiving the rights to install billboards on the land. A business might also seek to build a telecommunications tower that can be used in their cell phone reception. They might want to create a building that will house a fast-food restaurant, or they might even plan to create a multistory hotel complex on the land.
Residential leases are the final type of lease. This involves situations in which the tenant intends to live on the land. Sometimes, the tenant will move a trailer onto the land. Alternatively, the land might host an entire trailer park. The other option would be to gain permission from the landlord to put together a small cabin or cottage in the woods. [pdf-embedder url=”https://cdn-prod-pdfsimpli-wpcontent.azureedge.net/pdfseoforms/pdf-20180219t134432z-001/pdf/land-lease-agreement.pdf?sv=2018-03-28&si=readpolicy&sr=c&sig=MXHnWmn0sXNXztiU%2Bugk2d7DV7KBCOuXF3oBMx0EeEw%3D”]
Both parties involved in the lease will need to fill out their respective portions of the lease agreement. They’ll also both need to provide their signatures. If either party wants their attorney to go over the contract terms to make sure they’re legally binding, they have the right to do so.
The person who drafts the lease agreement is usually the landlord, or the landlord’s representing attorney. However, both the landlord and the tenant should sit down and go over the leasing agreement paragraph by paragraph to be sure they’re on the same page.
This type of lease agreement should be used when the following circumstances are met:
A tenant wishes to use a space that another individual owns
A tenant wishes to use a space that another individual owns
The property owner is amenable to renting the space for the tenant’s purposes
The property owner is amenable to renting the space for the tenant’s purposes
The land does not have any man-made structures or other development on it
If the property is anything other than an empty space, you will probably need to use a different type of leasing agreement.
If a landlord rents their land to a tenant, they’re legally required to use a lease agreement. Lease agreements are the first legal document that they will use as a reference if any disputes arise. This contract is what gives the tenant the right to the property, outlines the responsibilities of the parties, and enforces the rent payments. Failing to use this lease could cause trouble for both the landlord and the tenant.
You should capture the following information:
The names of both parties, their physical addresses, and their contact information including phone number and email address
The names of both parties, their physical addresses, and their contact information including phone number and email address
The agreed-upon rent payment that the tenant will make, along with the intervals between rent payments
The agreed-upon rent payment that the tenant will make, along with the intervals between rent payments
The location of the vacant property, or the portion of the property that is currently being leased
The location of the vacant property, or the portion of the property that is currently being leased
The date that the lease goes into effect along with the date of termination
The date that the lease goes into effect along with the date of termination
The landlord’s responsibilities regarding improvements, and whether the tenant can receive reimbursement for improvements made to the land
The landlord’s responsibilities regarding improvements, and whether the tenant can receive reimbursement for improvements made to the land
The tenant’s intended reason for using the land, along with the permitted reasons that the landlord has approved
These are just the absolute essentials. There are a number of other things you might want to include on the lease:
Information about when the landlord has the right to enter the property
Information about when the landlord has the right to enter the property
A statement regarding whether amendments can be made to the contract
A statement regarding whether amendments can be made to the contract
Descriptions of the methods that will be used to handle disputes
Descriptions of the methods that will be used to handle disputes
Information about the tenant’s right to use any pre-existing structures like camping areas, sheds, or barns
Information about the tenant’s right to use any pre-existing structures like camping areas, sheds, or barns
A statement about whether the tenant must receive the landlord’s permission to make improvements to the land
A statement about whether the tenant must receive the landlord’s permission to make improvements to the land
Insurance requirements for the tenant
Insurance requirements for the tenant
Any issues surrounding liability and liability insurance
Any issues surrounding liability and liability insurance
A notation of which parties are responsible for different kinds of property maintenance
A notation of which parties are responsible for different kinds of property maintenance
A notation of which parties are responsible for getting approvals and permits
A notation of which parties are responsible for getting approvals and permits
Choosing whether the tenant is allowed to sublet the land
Choosing whether the tenant is allowed to sublet the land
Indicating which party is responsible for paying utility bills and ensuring that utilities are supplied to the land
Indicating which party is responsible for paying utility bills and ensuring that utilities are supplied to the land
Information about the tenant’s security deposit and conditions that would result in the deposit’s revocation for damage payments
Information about the tenant’s security deposit and conditions that would result in the deposit’s revocation for damage payments
A determination of who will take responsibility for paying associated taxes
This type of agreement isn’t regulated by the government. You’ll be amending it on your own.
Yes. This is a legally binding document. It’s a good idea to have a lawyer double-check it before either party signs.
All involved parties should receive a copy of their records. If necessary, it should also be filed with the county clerk’s office.