Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Types of Leases

As you are moving through the world of commercial leases, you may be coming across different terms and types of agreements that are unfamiliar to you. As a small business owner, you want to make sure you are entering the type of lease agreement that meets your long-term needs. When evaluating any agreement, it is important to compare the different lease options and understand all possible expenses, and not just the montly rental amount.

An important rule to follow is to always read your commercial lease carefully, and clarify exactly what expense you will be expected to pay. If there are additional charges in which you will be responsible, they should be clearly identified in some manner such as put in all capital letters, highlighted, and requiring you to initial next to each provision. Follow along as FindLaw defines each type of lease and their key provisions.

We make business formation EASY. Learn about our DIY business formation services here.

Types of Leases

Flat or Fixed Leases

  • A single rent is set for a definite period of time.

Gross Leases

  • The tenant pays a flat monthly amount.
  • The landlord pays for all operating costs for the building.
  • In some cases, the tenant pays for its electricity, heat, and air conditioning.
  • This type of lease often contains an escalation clause that allows the landlord to increase the rent annually to offset increased expenses.

Step Leases

  • The rent is increased at a set amount on an annual basis during the life of the agreement.
  • The increase is to cover the landlord's expected increases in expenses.
  • The increase is based on estimated rather than actual costs.

Cost-of-Living Leases

  • The rent is tied to rises in the cost of living.
  • The rent goes up with general inflation.

Net Leases

  • The tenant pays a base monthly rent plus some of the expenses.
  • The increases are based on actual costs rather than on estimates.
  • The rent increases at the time that the landlord incurs an increase in costs.
  • In some cases, the tenant pays rent plus all of the real estate taxes.
  • If leasing only a portion of the building, the tenant will pay a proportionate share of the taxes.

Net-Net Leases

  • The tenant pays the base rental amount, real estate taxes, and insurance premiums.
  • The insurance and real estate taxes are allocated among the tenants based on the proportion of space occupied.

Net-Net-Net Leases

  • The tenant pays the base rental amount plus the landlord's operating costs.
  • Included in this amount are real estate taxes, insurance, maintenance, and repairs.

Percentage Leases

  • The tenant pays either a base amount and a percentage of gross income or, depending on which is higher, pays a base amount or a percentage of the business's gross income.

If you need more information, visiting our Small Business section.

Let an Attorney Help You With Your Business Lease Concerns

A commercial lease can set your business up for success, or sink your ambitions before you even get started. A lawyer can help walk you through the types of lease agreements available and negotiate on your behalf. Contact an experienced business law attorney in your area to learn how they can help you set your business up for success.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified business attorney to help you address you business's operational needs.

Begin typing to search, use arrow keys to navigate, use enter to select

Help Me Find a Do-It-Yourself Solution

Set Up Your Business - in Minutes!

We have a DIY option you can use to save time and stress. We help you:

  • Determine the best business structure
  • File the right paperwork
  • Stay compliant with the law

Show me the DIY option


Prefer to work with a lawyer? Find one right now.

Copied to clipboard

Find a Lawyer

More Options