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Exclusive Right to Lease Agreement

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EXCLUSIVE RIGHT TO LEASE AGREEMENT

Parties

This Exclusive Right to Lease Agreement (the Agreement) is entered into as of between the undersigned Owner (Lessor) and Broker (Agent) as set forth below.

Property Identification

Grant of Exclusive Right

Owner hereby grants Broker the exclusive right to procure a tenant and to negotiate, execute and deliver lease agreements for the Property during the Term described below. Owner covenants that, during the Term, Owner will not engage any other broker or otherwise attempt to lease the Property except through Broker.

Term: This Agreement commences on and expires on unless earlier terminated as provided herein.

Broker Authority and Services

Broker is authorized to advertise, show the Property, screen prospective tenants, receive applications and deposits, negotiate lease terms and to execute lease agreements on behalf of Owner if Owner has provided prior written authorization. Broker's authority does not include the right to alter structural aspects of the Property or to expend Owner funds absent prior written consent.

Proposed Lease Terms

Lease term (months): Proposed lease commencement date: Possession date:

Commission and Compensation

Owner agrees to pay Broker a commission as set forth below. Commission is earned as described and is payable notwithstanding any post-signing modification to the lease, so long as Broker procured the tenant.

Select commission method (check applicable):

Commission payable: Due upon lease execution    Due upon commencement of tenancy    Due upon tenant move-in

If tenant is procured by Broker within 90 days after the Term and the tenant was introduced to the Property by Broker during the Term, Owner remains obligated to pay the commission.

Expenses and Costs

Owner shall be responsible for ordinary costs associated with the Property. Marketing and advertising expenses shall be paid by:

Owner Representations, Disclosures and Condition

Owner represents and warrants that Owner has full right and authority to enter into this Agreement and to lease the Property, and that there are no leases, options, liens or encumbrances that would materially impair Broker's ability to perform under this Agreement unless disclosed below.

Access and Showings

Owner shall permit Broker and prospective tenants reasonable access to the Property for inspections and showings upon hours prior notice unless otherwise agreed in writing. Owner shall remove personal property and hazardous materials prior to showings.

Tenant Screening; Application Fees

Broker may obtain credit, criminal and rental history checks. Application fees collected from applicants shall be handled as follows:

Owner Obligations and Insurance

Owner shall maintain insurance on the Property and shall provide Broker with proof of insurance upon request. Broker is not responsible for damage to Owner's property or for tenant acts after lease commencement, except to the extent arising from Broker's gross negligence or willful misconduct.

Default; Remedies

If either party materially breaches this Agreement and fails to cure within 15 days after written notice, the non-breaching party may pursue all available legal and equitable remedies. In any dispute arising under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs.

Indemnification

Owner shall indemnify, defend and hold Broker harmless from and against claims, liabilities, losses and expenses (including reasonable attorneys' fees) resulting from Owner's breach of representations, Owner's negligence, or Owner's failure to maintain the Property in compliance with applicable law.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state where the Property is located. This Agreement contains the entire understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. No amendment shall be effective unless in writing and signed by both parties.

Notices

Miscellaneous

Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Failure of either party to enforce any provision shall not constitute a waiver of that provision.

Owner (Lessor) Printed Name:

By:

Date:

Broker (Agent) Printed Name:

By:

Date:

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What an Exclusive Right to Lease Agreement Is and when it applies

An Exclusive Right to Lease Agreement is a real estate brokerage contract granting one broker the exclusive authority to lease a specified property for a defined period. It obligates the property owner to route tenant introductions and leasing negotiations through the broker, and typically specifies commission, listing period, permitted marketing, and termination conditions. This agreement differs from non-exclusive listing arrangements by reserving the broker’s right to a commission regardless of who procures a tenant during the term. Parties should confirm broker licensing, local landlord-tenant rules, and any municipal registration requirements before signing.

Why use an Exclusive Right to Lease Agreement

Use this agreement to secure professional leasing services, clarify broker compensation, and centralize tenant screening and marketing responsibilities. It protects broker investment in promotion and negotiation while giving owners a single point of contact for lease transactions.

Why use an Exclusive Right to Lease Agreement

Who typically completes and signs this agreement

The Exclusive Right to Lease Agreement is commonly executed by property owners and licensed leasing brokers to govern marketing and commission terms.

  • Owners or landlords who want dedicated brokerage representation for leasing a property, often including investors and property managers.
  • Licensed real estate brokers or brokerage firms that will market, show, and negotiate leases on behalf of the owner.
  • Property managers or asset managers who act under delegated authority and need formal broker arrangements documented.

Understanding each party’s role reduces disputes and supports enforceability under state contract and real estate licensing laws.

Core sections to expect in a professional Exclusive Right to Lease Agreement

A complete agreement organizes obligations, timelines, compensation, and legal protections. Clear headings and defined exhibits help both parties interpret duties and evidence performance.

Parties

Identifies owner(s), broker(s), and legal entity names, including mailing addresses and contact details to ensure proper notice delivery and identification.

Property Description

Precise street address, suite or unit number, parcel or legal description, and any parking or common area allocations that affect leasing and tenancy.

Term

Start and end dates, automatic renewal provisions if any, and conditions for early termination or extension of the exclusive listing period.

Broker Duties

Scope of marketing, tenant screening responsibilities, showing access, advertising budgets, signage, and required cooperation from the owner.

Compensation

Commission rate or flat fee, when earned and payable, handling of pro-rata amounts for partial terms, and broker’s entitlement on renewals or extensions.

Legal Provisions

Indemnity, representations and warranties, governing law, dispute resolution, confidentiality, and any required disclosures or lead-based paint notices for applicable properties.

Essential fields and data the form requires

Owner Name: Full legal name
Broker Name: Licensed brokerage name
Property Address: Street, city, state, ZIP
Lease Term: Start and end dates
Commission: Percentage or flat fee
Governing Law: State selected for disputes

Step-by-step: completing the Exclusive Right to Lease Agreement

Follow these steps in order to prepare an enforceable agreement and minimize later disputes.

  • 01
    Gather documents: Collect property deed, owner ID, broker license, and prior lease copies.
  • 02
    Fill basic fields: Enter names, property address, term dates, and commission precisely.
  • 03
    Define scope: Specify broker duties, allowable marketing, and tenant criteria.
  • 04
    Sign and retain: Obtain signatures, notarize if required, and store executed copies.

How to configure an online workflow for this agreement

Set up roles, authentication, and routing to match the signing order and compliance needs for leasing transactions.

Field Configuration
Signer Order Owner then broker or simultaneous per agreement
Authentication Email or SMS code; use stronger ID for high-value leases
Notarization Enable remote or in-person notarization where required
Distribution Automatic copies to owner, broker, and property manager

Typical digital signing flow for lease agreements

A standard online signing flow reduces processing time while preserving an audit trail of actions and consent.

  • Upload: Sender uploads the completed draft agreement
  • Place fields: Assign signature, date, and initial fields to each party
  • Authenticate: Signer receives link and verifies identity
  • Complete: Signed copies and audit report distributed automatically

Digital signing and platform considerations

Confirm retention, audit trail, and any required BAA or 21 CFR Part 11 support prior to execution.

  • File formats: PDF or DOCX accepted
  • Security: TLS and AES-256 encryption
  • Integrations: Works with CRM and cloud storage

eSignature provider comparison for executing lease agreements

Platform pricing and feature availability affect cost and compliance for lease execution and notarization workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Premium tier) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No

Exclusive Right to Lease versus non-exclusive listing differences

Compare key legal and commercial distinctions to decide which listing arrangement fits your goals.

Criteria Exclusive Non-exclusive
Broker Compensation owed regardless of procuring party owed only if broker procures tenant
Listing Duration defined exclusive period flexible or rolling
Owner Control owner directs broker activity multiple brokers may market
Dispute Risk clearer entitlement, litigation if ambiguous potential for commission disputes

Common pitfalls to avoid when preparing the agreement

  • Vague property descriptions that omit unit or suite numbers and lead to disputes over which space is covered.
  • Undefined commission triggers such as unclear clauses on renewals, extensions, or tenant holdover that create payability disputes.
  • Failure to verify broker licensing and authority in the relevant state, risking unenforceable compensation claims or regulatory penalties.
  • Omitting required disclosures or municipal registration data, which can delay leasing or invalidate portions of the agreement.

Legal and financial risks of an incorrect or incomplete agreement

Commission Disputes: Ambiguous terms can trigger litigation
Regulatory Fines: Unlicensed brokerage may incur sanctions
Contract Voidability: Material omissions could void provisions
Tenant Claims: Improper notice or clauses invite claims
Recording Errors: Incorrect attachments can cause defects
Data Breach: Improper recordkeeping risks penalties

Supporting documents often bundled with the agreement

Attach supporting exhibits to clarify responsibilities and evidence property condition, tenant criteria, and marketing consent.

Exhibit A

Form of proposed lease with approved rent, deposits, and permitted uses so negotiated terms are pre-documented and enforceable.

Exhibit B

Property condition and appliance list documenting existing issues, avoiding later repair disputes and clarifying owner obligations.

Tenant Criteria

Written screening standards for credit, income, and references to ensure consistent broker evaluations and fair housing compliance.

Marketing Authorization

Signed consent for signage, photos, and online listings specifying any restricted marketing channels or confidentiality needs.

How to amend or update an executed Exclusive Right to Lease Agreement

Use a written amendment executed by all parties to change material terms; avoid oral modifications which may be unenforceable.

01

Identify Changes:

List the exact clauses to be altered
02

Draft Amendment:

Prepare a short written amendment document
03

Approve Terms:

Get consent from owner and broker
04

Sign Amendment:

All parties sign with dates
05

Distribute Copies:

Share fully executed amendment with stakeholders
06

Record if Needed:

Record amendments when affecting recorded instruments

Typical timelines and deadlines to track

Track contract milestones and statutory deadlines to ensure timely performance and compliance.

Listing Effective Date:

Date the exclusive rights begin

Marketing Start:

Broker should begin promotion within days of execution

Commission Payable:

Usually upon signed lease execution

Notice of Termination:

As specified in agreement, often 30 days

Document Retention:

Retain executed copies per retention rules

Notarization, witnessing and authentication steps

Authentication requirements depend on state and whether a remote notarization or traditional notary is used.

01

Prepare Document

Finalize signature blocks and ID requirements

02

Choose Notarization

Select in-person or RON per state rules

03

Signer Identification

Provide ID and any biometric or KBA verification

04

Notary Attestation

Notary executes acknowledgment or jurat

05

Recording

Record only if required by local ordinance

06

Store Audit Trail

Retain notary journal or RON recording

07

Witnesses

Add witnesses when state or owner requires

08

Confirm Validity

Check local statutes before relying on electronic notary

Representative use cases for Exclusive Right to Lease Agreements

These short examples show common scenarios and key contractual focus areas for each.

Small Landlord Case

A small landlord hires a local broker to market a multiunit property

  • Broker funds signage and listings while the owner provides access
  • The agreement specifies a 90-day exclusive and a 6% commission on any lease executed in that period; executed and stored digitally for easy distribution.

Commercial Owner Case

A commercial property owner engages an institutional brokerage for office space leasing

  • Broker conducts tenant qualification and negotiates build-out allowances
  • The contract includes a clause entitling the broker to commission on renewals signed within 12 months and requires broker-signed exhibits be attached to the executed lease.

Frequently asked questions about the Exclusive Right to Lease Agreement

Answers to common questions about enforceability, signatures, and practical concerns when using an exclusive leasing agreement.


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