Can a lease be signed electronically?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions, provided intent, consent, attribution, and retrievability are satisfied.

When is notarization required?

Notarization is not uniformly required for all leases but may be required if the lease is to be recorded or the state or local statute or lender requires acknowledgment for certain instruments.

Who should sign the lease for a company?

An authorized officer or manager should sign with title and capacity indicated; verify authority via corporate resolution or formation documents to avoid enforceability issues.

How should exhibits and amendments be handled?

Attach exhibits by reference and incorporate them into the lease. Amendments should be written, signed by the same signatory capacity as the original lease, and dated.

What if the tenant wants to sublease?

Address subleasing explicitly: require landlord consent conditions, notice periods, and whether the original tenant remains liable under the primary lease.

How long must I keep signed leases?

Retain active leases for the term plus at least 3 years, keep tax-related and major property records longer per IRS or state requirements, and follow HIPAA or SEC retention rules where applicable.

Electronic Signature
Templates
Other
Non-Residential Lease

Non-Residential Lease

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NOTICE OF DEFAULT IN PAYMENT OF RENT
WARNING PRIOR TO DEMAND TO PAY OR TERMINATE
NON-RESIDENTIAL LEASE

TO: Tenant(s):

FROM: Landlord:

Address of Leased Premises:

This NOTICE is provided to you regarding the rental payments on the Leased Premises. According to my records, you have not made the rental payment for the month of . This WARNING is to provide you with written information about your rental payments and consequences of your failure to pay timely.

Pursuant to the lease to you, rental payments are due on the day of each month. If the payment is not paid by the due date, the rental payment is not paid timely.

If the rental is not paid timely, your Landlord has the right to provide you with a Notice to Pay or Lease Terminates which provides that if you do not pay within the stated notice period, the lease may be terminated and you must vacate the property. Under Arkansas law the notice to pay period is ten (10) days.

The amount currently due is:

$ Rent for

$ Late Charges

$ Other

$ Total (exclusive of future accruing costs)

Please pay this amount to me immediately. If you continue to fail to make rental payments timely, I will have no option but to provide a formal notice to pay or terminate.

Signed, this the day of , 20

Signed:

Landlord/Lessor, or authorized agent

PROOF OF DELIVERY

A copy of this Notice was delivered to Tenant:

by hand

by registered/certified mail at the above address, which is:

the place designated by Tenant for receipt of communications;

Tenant's last known place of residence;

by posting prominently on the front door of the leased premises.

Notice delivered/mailed/posted by: Sign Name

Print Name

In his/her capacity as: Landlord/Lessor; Manager; Agent.

Notice delivered/mailed/posted on:

What a Non-Residential Lease Covers

A Non-Residential Lease is a written agreement that governs the rental of commercial, industrial, or other non-residential property. It identifies landlord and tenant, specifies the leased premises, describes permitted uses and occupancy limits, and sets the lease term, renewal options, rent amount, rent adjustments, and payment schedule. The lease allocates responsibility for maintenance, repairs, utilities, taxes, insurance, and common area charges. It also defines default events, remedies, subleasing rules, and any tenant improvement obligations. Confirm applicable local landlord-tenant and zoning rules before signing, and document exhibits and attachments within the lease.

Why a Clear Non-Residential Lease Matters

A well-drafted Non-Residential Lease reduces ambiguity about financial obligations, permitted uses, and maintenance responsibilities, lowering the risk of disputes. Clear allocation of operating expenses, indemnities, and default remedies protects both parties and supports enforceability in court or arbitration.

Who Typically Prepares and Signs These Leases

Landlords, property managers, commercial tenants, leasing brokers, and in-house or outside counsel commonly prepare or review Non-Residential Leases.

Commercial landlords and property managers who need to set consistent leasing terms across portfolios and protect property interests.
Business tenants and their legal or real estate advisors seeking to secure operating space with defined obligations and protections.
Real estate brokers and leasing agents who assemble and negotiate principal commercial lease provisions on behalf of clients.

Parties should involve legal counsel for unusual provisions, higher-value leases, or when state law imposes specific landlord-tenant requirements.

Core Sections to Include in a Professional Lease

A complete Non-Residential Lease is organized so each major business risk and operational detail is clear and actionable for both parties.

Premises

Precise description of the leased space, square footage, and included common areas; reference exhibits and plans as needed.

Term & Renewal

Start and end dates, options to renew or extend, notice periods, and holdover terms for overstays.

Rent & Payments

Base rent, payment schedule, late fees, acceptable payment methods, rent escalations, and CAM or operating expense sharing.

Use & Exclusivity

Permitted tenant uses, restrictive covenants, and any landlord-reserved rights or exclusivity for other tenants.

Repairs & Alterations

Who performs and pays for maintenance, permitted improvements, restoration obligations, and approval processes.

Default & Remedies

Events of default, cure periods, acceleration rights, eviction or removal remedies, and indemnity clauses.

Stepwise Process to Complete and Execute the Lease

Follow these steps to prepare, review, and execute a Non-Residential Lease with clear roles and timing.

01

Draft: Assemble lease with exhibits and schedules.
02

Negotiate: Exchange proposed changes and confirm material terms.
03

Review: Have counsel and insurance review clauses.
04

Execute: Sign, notarize if required, and distribute executed copies.

Typical Document Flow From Draft to Delivery

A clear routing workflow reduces turnaround time and preserves a complete audit trail for compliance and records.

Upload: Sender uploads lease and attachments to the signing platform.
Assign Fields: Place signature, date, and initial fields for each party.
Send to Signers: Generate signing links or email invites with defined signing order.
Store: Capture signed PDF and audit trail in secure storage.

Digital Workflow Settings to Configure

Configure these settings in your eSignature platform before sending to ensure correct authentication and retention.

Field	Configuration
Signing Order	Specify sequential or parallel signer order.
Authentication	Use email link, SMS code, or ID verification as needed.
Audit Trail	Enable full event logging with timestamps and IP addresses.
Retention	Set automatic archive or export rules for signed documents.

Technical Considerations for eSigning and eSubmission

Ensure the chosen platform supports required authentication, document formats, and retention standards for commercial leases.

Formats: PDF and DOCX are standard for lease documents and exhibits.
Integrations: Connect to cloud storage (Box, Google Drive) or ERP systems for recordkeeping.
Compliance: Support for ESIGN, UETA, and applicable industry controls is important.

Confirm platform encryption and audit capabilities, and ensure exported signed PDFs include a certificate of completion for future proof of execution.

Security and Compliance Essentials to Protect Lease Records

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: Timestamped signer events

Access Controls: Role-based permissions

BAA Availability: HIPAA BAA option

Certifications: SOC 2 Type II, ISO 27001

Retention Export: PDF/A and CSV export

Common Legal Risks and Consequences

Lease Ambiguity: Contract disputes and litigation

Incorrect Parties: Enforceability challenges

Late Payments: Late fees and lease default

Improper Signatures: Voidable execution risk

Failure to Record: Loss of priority in liens

Noncompliance: Regulatory fines or contract rescission

Avoidable Mistakes When Preparing a Lease

Using informal business names rather than the legal entity leads to unenforceable obligations and banking or tax complications.
Failing to attach or reference exhibits such as floor plans, rent schedules, or insurance requirements causes gaps in scope and performance expectations.
Not specifying responsibility for operating expenses (CAM, taxes, utilities) invites disputes over allocation and increases long-term cost uncertainty.
Skipping notarization or witness steps when state law or recording requirements expect them may prevent proper recording or create title issues.

eSignature Vendor Comparison for Executing a Lease

Comparison of typical plan entry points and core capabilities useful when choosing an eSignature provider for commercial leases.

	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 free trial, no credit card required	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium or higher)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Key Timing Considerations and Common Deadlines

Track lease-critical deadlines for commencement, rent adjustments, notice periods, renewal elections, and any recording or tax-related obligations.

Commencement Date:

Set in MM/DD/YYYY format; triggers rent and obligations

Rent Payment:

Specify due date each period and late fee schedule

Renewal Notice:

Typical notice windows: 30–180 days before lease expiry

Tenant Improvements:

Establish approval and completion timelines

Recording:

Record lease or memorandum per local recording office timelines

Key Milestones from Negotiation to Occupancy

A milestone sequence helps coordinate approvals, tenant improvements, and occupancy readiness before the commencement date.

01

Negotiation Complete

All material terms agreed and documented

02

Final Legal Review

Counsel approves final contract language

03

Execution

All parties sign and date the lease

04

Fit-Out Completion

Tenant improvements finished and inspected

Real-World Examples of Lease Scenarios

Two concise case examples illustrate common lease outcomes and practical clause focus areas.

Property Portfolio Lease

A regional landlord standardized lease templates to reduce negotiation time and clarify operating expense recovery

Implementation reduced counsel review on routine clauses
As a result, turnovers shortened, accounting matched CAM schedules faster, and disputes over common area charges declined due to clearer reconciliation exhibits.

Healthcare Tenant Fit-Out

A medical practice negotiated HVAC and clinic use clauses to meet licensing needs

Landlord agreed to specific air-change and electrical upgrade obligations
The tailored lease ensured compliance with facility licensing, clarified who pays for specialized HVAC maintenance, and avoided costly mid-term retrofits.

Practical Tips for Accurate and Efficient Lease Completion

Use standardized exhibits, consistent naming, and digital workflows to reduce execution risk and administrative overhead.

Standardize Exhibits

Create fixed exhibit templates for floor plans, rent schedules, and insurance requirements to avoid omissions.

Verify Signatory Authority

Confirm corporate signers have appropriate board or member resolutions to bind the entity.

Use Conditional Fields

Apply conditional clauses and fillable fields to adapt the lease for different property types without creating separate documents.

Preserve Audit Trail

Keep signed PDF and audit logs in secure storage to support future enforcement or title matters.

Frequently Asked Questions About Non-Residential Leases

Answers to common execution, signing, and recordkeeping questions for commercial lease agreements.

Need help? Contact support

Can a lease be signed electronically?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions, provided intent, consent, attribution, and retrievability are satisfied.
When is notarization required?
Notarization is not uniformly required for all leases but may be required if the lease is to be recorded or the state or local statute or lender requires acknowledgment for certain instruments.
Who should sign the lease for a company?
An authorized officer or manager should sign with title and capacity indicated; verify authority via corporate resolution or formation documents to avoid enforceability issues.
How should exhibits and amendments be handled?
Attach exhibits by reference and incorporate them into the lease. Amendments should be written, signed by the same signatory capacity as the original lease, and dated.
What if the tenant wants to sublease?
Address subleasing explicitly: require landlord consent conditions, notice periods, and whether the original tenant remains liable under the primary lease.
How long must I keep signed leases?
Retain active leases for the term plus at least 3 years, keep tax-related and major property records longer per IRS or state requirements, and follow HIPAA or SEC retention rules where applicable.

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