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TXR 2101 — Commercial Lease

The TXR Commercial Lease is the primary Texas REALTORS® form for leasing commercial real property. It covers the parties, the leased premises (multiple-tenant suite or single-tenant property), term, base monthly rent schedule, additional rent, expense reimbursement (base-year, expense-stop or net), security deposit, taxes, utilities, after-hours HVAC, insurance, permitted use and operating hours, legal compliance, signs, access, move-in and move-out condition, the maintenance-responsibility matrix, alterations, liens, liability, indemnity, default, holdover, landlord's lien, assignment, relocation, subordination, estoppel certificates, casualty loss, condemnation, attorney's fees, representations, brokers and their fees, addenda, notices, special provisions and the license holder disclosure.

Source: TXR
Form Number: 2101
Category: Other
Revised: July 8, 2022

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2101 form is organized into the following sections:

  1. 1. PARTIES
    The cover page ("CONCERNING THE LEASED PREMISES AT … between … (Landlord) and … (Tenant)") and ¶1 name the landlord and tenant. The cover blanks repeat ¶1 automatically.
  2. 2. LEASED PREMISES
    Check only one box: (1) Multiple-Tenant Property (a suite or unit in a project) or (2) Single-Tenant Property (the whole property). Fill the blanks of the box you checked.
  3. 3. TERM
    The term in months and days, the Commencement Date and Expiration Date, and the ¶3B delay-of-occupancy termination trigger.
  4. 4. RENT AND EXPENSES
    4A base monthly rent (attached exhibit or the six-row schedule), 4B additional-rent addenda, 4C first full month's rent, 4E place of payment, 4H returned checks, and the optional 4J expense reimbursement (pro rata share, method, projected expenses).
  5. 5. SECURITY DEPOSIT
    The security deposit paid on execution; Landlord may apply it to amounts owed, Tenant must restore it within 10 days, and Landlord refunds it within 60 days after surrender.
  6. 6. TAXES
    Landlord pays real property ad valorem taxes unless otherwise agreed; Tenant waives protest and appeal rights. No blanks.
  7. 7. UTILITIES
    7A: for each utility, which party pays (N/A / Landlord / Tenant). 7D: after-hours HVAC (check one box only).
  8. 8. INSURANCE
    Tenant carries commercial general liability (minimum (a) $1,000,000 or (b) $2,000,000 — $1,000,000 if neither is checked), personal property damage insurance and, if checked, business interruption insurance.
  9. 9. USE AND HOURS
    The permitted use (and no other) and the Property's operating hours.
  10. 10. LEGAL COMPLIANCE
    Prohibited uses (1)–(6) are printed; (7) is a blank for any additional prohibited use.
  11. 11. SIGNS
    Landlord approval for all signage, compliance with laws, removal at lease end. No blanks.
  12. 12. ACCESS BY LANDLORD
    Landlord access during business hours and for emergencies; "For Lease" sign during the last ___ days.
  13. 13. MOVE-IN CONDITION
    Tenant accepts the leased premises as-is with no warranties from Landlord or any agent. No blanks.
  14. 14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY
    Surrender in the same condition less normal wear and tear, abandoned personal property, fixture removal. No blanks.
  15. 15. MAINTENANCE AND REPAIRS
    15A janitorial services (Landlord or Tenant); 15C the repair and maintenance responsibility matrix — for each item, N/A / Landlord / Tenant; 15E whether Tenant must keep an HVAC service contract.
  16. 16. ALTERATIONS
    Landlord consent for alterations; improvements become Landlord's property at lease end. No blanks.
  17. 17. LIENS
    Tenant may not encumber the Property and must discharge any lien within 20 days. No blanks.
  18. 18. LIABILITY
    Landlord is not responsible for damages caused by Tenant's parties, other persons, casualties or crime. No blanks.
  19. 19. INDEMNITY
    Mutual indemnification. No blanks.
  20. 20. DEFAULT
    Default triggers, cure periods and Landlord's remedies. No blanks.
  21. 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT
    Chapter 93 of the Texas Property Code governs. No blanks.
  22. 22. HOLDOVER
    Tenant-at-will at 150% of base monthly rent plus additional rent, daily. No blanks.
  23. 23. LANDLORD'S LIEN AND SECURITY INTEREST
    Landlord's UCC security interest in Tenant's nonexempt personal property. No blanks.
  24. 24. ASSIGNMENT AND SUBLETTING
    Landlord may assign; Tenant needs written consent and remains liable. No blanks.
  25. 25. RELOCATION
    Check A (Landlord may relocate Tenant with 90 days' notice and pays moving expenses) or B (no relocation without Tenant's consent).
  26. 26. SUBORDINATION
    The lease is subordinate to liens and encumbrances; Tenant signs an SNDA on demand. No blanks.
  27. 27. ESTOPPEL CERTIFICATES AND FINANCIAL INFORMATION
    Estoppel within 10 days, financial statements within 30 days of request. No blanks.
  28. 28. CASUALTY LOSS
    Restoration and termination rights depending on whether the premises are less or more than 50% unusable. No blanks.
  29. 29. CONDEMNATION
    Termination or rent reduction after condemnation; awards belong to Landlord. No blanks.
  30. 30. ATTORNEY'S FEES
    Prevailing party recovers fees, interest and costs. No blanks.
  31. 31. REPRESENTATIONS
    Material representations, authority to sign, OFAC compliance, and Landlord's disclosure of known material defects or environmental hazards.
  32. 32. BROKERS
    The Principal Broker (the landlord's broker) and Cooperating Broker (the tenant's — the paper prints "Cooperating Broker represents Tenant"), whom the Principal Broker represents, and how each broker's fee is paid.
  33. 33. ADDENDA
    The addenda, exhibits and other information marked in the "ADDENDA & EXHIBITS (check all that apply)" list on the cover page are incorporated into the lease.
  34. 34. NOTICES
    Where written notices go: Landlord (name, address, attention, fax) and a copy; Tenant at the leased premises and (name, address, attention, fax) and a copy; optional e-mail consent for each party.
  35. 35. SPECIAL PROVISIONS
    Special provisions control in the event of a conflict with other provisions. The paper leaves open space (no ruled lines); the engine writes up to 16 lines there.
  36. 36. AGREEMENT OF PARTIES
    Entire agreement, binding effect, joint and several liability, Texas law, severability, waiver, quiet enjoyment, force majeure, time is of the essence, counterparts. No blanks.
  37. 37. EFFECTIVE DATE
    The date the last party executes the lease and initials any changes. No blanks.
  38. 38. LICENSE HOLDER DISCLOSURE
    A license holder who is a party (or acting for a spouse, parent, child, controlled entity or trust) must disclose in writing before entering the lease.
  39. SIGNATURES (page 18)
    Landlord and Tenant blocks: the party name, then up to two signers each with "By:", "By (signature):", "Printed Name:", "Title:" and "Date:". Signature and Date lines are placed electronically when the lease is sent.

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