General information, not legal advice. This template is a starting point. Laws differ by state and city, so have a licensed attorney review your final document before you use it.
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The short version
- Commercial leases in California are governed mainly by the contract itself, so clear drafting matters more than in residential leasing.
- California requires commercial leases to state whether the premises have been inspected by a Certified Access Specialist.
- Newer state rules give certain small commercial tenants extra protections, so confirm whether your tenant qualifies.
- Define operating expenses, exclusions and reconciliation rights precisely to avoid CAM disputes.
A commercial lease sets the terms for a business to occupy office, retail, industrial or mixed-use space. Unlike residential leases, California commercial leases are shaped mostly by negotiation and the words on the page, not by a long list of statutory protections. That makes careful drafting essential for both sides.
This page outlines our original California commercial lease template and the rules to check. It is a general template, not legal advice. Commercial leases involve significant money and risk, so have a California attorney review the lease before anyone signs.
What it is
A commercial lease grants a business the right to use specific premises for a defined term. It covers rent and how it grows, who pays operating costs, what the tenant may do in the space, who builds and maintains what, insurance, and what happens if either side defaults. Terms often run 3 to 10 years, with renewal options.
The template supports gross, modified gross and net structures. If operating costs are passed through, it includes common area maintenance terms and an annual reconciliation. For background, see our commercial lease guide.
California rules to know
Check these well-known items against current law:
- CASp disclosure. California requires commercial landlords to state in the lease whether the premises have been inspected by a Certified Access Specialist. If they have not, the lease must include specific language about the tenant’s right to request an inspection and how costs of any repairs are allocated.
- Protections for qualified small tenants. Since 2025, California law gives certain small commercial tenants, such as microenterprises, small restaurants and small nonprofits, added protections. These include notice requirements for rent increases on shorter tenancies and limits on how building operating costs can be passed through. Confirm whether your tenant qualifies and what the lease must say.
- Local rules. Some cities regulate commercial tenancies, signage or permitted uses. Confirm that the space has the right zoning and certificate of occupancy for the tenant’s use.
- Security deposits. Commercial deposits follow different rules than residential deposits, including return timelines. Confirm them before drafting.
What you cannot include
Commercial parties have broad freedom to contract, but some terms are risky or unenforceable:
- Clauses that let the landlord lock out a tenant or seize property without following legal procedures
- Operating expense pass-throughs that violate rules for qualified small tenants
- Penalties that are not a reasonable estimate of actual damages
- Use clauses that conflict with zoning or occupancy rules
- Vague expense definitions that invite disputes
How to fill it out
- Use correct legal names for each entity and confirm who is authorized to sign.
- Describe the premises with suite number, square footage and the measurement method.
- Set the term, commencement date, renewal options and holdover terms.
- Build the rent schedule, including escalations and any free rent.
- Choose the expense structure and list included and excluded costs, the tenant’s pro rata share and audit rights.
- Define the permitted use and any exclusives.
- Spell out improvements, including any tenant improvement allowance and who manages construction.
- Set insurance limits, indemnities and any personal guaranty.
- Attach the CASp statement and other disclosures, then sign.
eSignature
Commercial leases often pass through several drafts. Once terms are final, TenantLoop eSignature lets each authorized signer sign online, and the executed lease is stored with the tenant record. TenantLoop also supports commercial leases with CAM, so rent, recurring charges and reconciliations can be tracked in one place.
Bottom line
A good California commercial lease is specific about money, use, improvements and risk, and includes the CASp disclosure. Check whether newer small tenant protections apply, confirm local requirements, and have a California attorney review the final lease. This outline gives you a clear structure to start from.
What is in the template
An original commercial lease template for California office, retail and industrial space, covering rent, operating expenses, use, improvements, insurance and default. It is a general starting point to adapt and have an attorney review.
What to include
- Landlord and tenant legal entity names and signers
- Premises description, square footage and common areas
- Lease term, renewal options and commencement date
- Base rent, escalations and additional rent
- Operating expenses or CAM and reconciliation terms
- Permitted use, compliance and signage
- Tenant improvements, maintenance and repairs
- Insurance, indemnity and personal guaranty
- CASp inspection disclosure
- Default, remedies, assignment and subletting
Field outline
- 01Parties and premises
Landlord entity · Tenant entity · Premises address and suite · Rentable square feet · Common areas · Parking
- 02Term and options
Commencement date · Expiration date · Renewal options · Early access · Holdover rent
- 03Rent and additional rent
Base rent schedule · Annual escalations · Due date · Security deposit · Late charges
- 04Operating expenses and CAM
Lease type (gross, modified gross or net) · Pro rata share · Included expenses · Excluded expenses · Reconciliation and audit rights
- 05Use and compliance
Permitted use · Exclusive use rights · Hours · Signage · Compliance with laws
- 06Improvements and maintenance
TI allowance · Approval of plans · Landlord repair duties · Tenant repair duties · Restoration at lease end
- 07Insurance and indemnity
Tenant liability limits · Property insurance · Additional insureds · Waiver of subrogation · Indemnification
- 08Assignment, default and remedies
Assignment and subletting consent · Events of default · Cure periods · Landlord remedies · Personal guaranty
- 09Disclosures and signatures
CASp inspection statement · Other required disclosures · Authorized signers · Dates
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Filling it in, and what to watch for.
What is the CASp disclosure in a California commercial lease?
California law requires commercial landlords to state in the lease whether the property has been inspected by a Certified Access Specialist (CASp) and, if not, to include specific language about the tenant's right to request one. Confirm the current required wording with an attorney.
Do California tenant protections apply to commercial leases?
Most residential protections, such as the statewide rent cap, do not. However, since 2025 California has added some protections for qualified small commercial tenants, including certain microenterprises, small restaurants and small nonprofits.
Should I use a gross or triple net lease?
It depends on the property and market. A triple net lease shifts taxes, insurance and maintenance to the tenant, while a gross lease keeps them with the landlord. A modified gross lease splits the difference.