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option to lease (1 viewing) (1) Guest
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TOPIC: option to lease
#6254
Miami LS (User)
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option to lease 1 Year, 7 Months ago Karma: 0  
Anyone have an option to lease agreement they care to share? Need to draft an option for a person to have the exclusive right to rent a building which has not been built yet.
 
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#6268
norton (Moderator)
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Re:option to lease 1 Year, 6 Months ago Karma: 0  
I dont have an option to lease agreement, but i do have a option to lease clause. Hope this helps.

"During the term of this Lease, subject to the terms and conditions set forth in this subparagraph entitled “Right of First Offer”, Tenant shall have the right of first offer (“Offer Right”) to lease the space adjacent to the Demised Premises and designated by Landlord as Suite ___ (“Adjacent Space”) as such space becomes available. Landlord shall provide Tenant with written notice of the availability of Adjacent Space each time the Adjacent Space becomes available for lease. In order to exercise such Offer Right, as of the date that Landlord provides Tenant with the notice of the availability of Adjacent Space, and as of the commencement date applicable to the Adjacent Space, there shall be no event of default by Tenant under this Lease. Tenant shall have fifteen (15) calendar days from receipt of Landlord’s notice to exercise its Offer Right by giving written notice of such exercise to Landlord. If Tenant exercises its Offer Right to lease the Adjacent Space, it shall thereafter lease the Adjacent Space under the terms of this Lease. Rent for the Adjacent Space shall be at the same per square footage rate being paid under this Lease for the Demised Premises. Tenant shall, upon request of Landlord, evidence such exercise by the execution of a lease amendment to be provided by Landlord. If Tenant does not exercise its Offer Right within the time allotted, the Offer Right shall expire and Landlord may, in its sole and absolute discretion, lease the Adjacent Space to another entity, provided that Landlord shall be obligated to offer the Adjacent Space to Tenant if it becomes available for lease again."
 
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#6292
great1 (User)
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Re:option to lease 1 Year, 6 Months ago Karma: 0  
The problem with this option is that it doesnt address consideration. If there is no consideration, it will not be held up as a valid contract. I would add a provision regarding consideration and that it was mutually agreed upon the parties.
 
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