Alabama Commercial Lease Agreement (2026)
Lease retail, office or industrial space: gross, modified gross or triple-net with pro-rata pass-throughs, rent escalation, renewal options, TI allowance, insurance, default and holdover terms, plus your state's deposit rule, statutory disclosures, landlord's lien, cure periods, rent taxes and signing formalities.
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What this document covers
- Landlord, tenant and optional personal guarantor
- Retail, office or industrial premises with rentable area and pro-rata share
- Term, rent commencement and renewal options
- Base rent with fixed or CPI escalation
- Gross, modified gross or triple-net (NNN) pass-throughs
- Security deposit under the state rule
- Permitted and exclusive use, hours, ADA compliance
- Tenant improvements and maintenance split
- Assignment, subletting, insurance and indemnity
- Default, remedies, landlord's lien and holdover
- SNDA, estoppel, relocation and broker disclosure
- State disclosures, exhibits and guaranty
Alabama rules that this document follows
| Commercial security deposit | Varies — No statute — amount and return terms as the lease providesSource: No statute governs security deposits for non-residential leases; Ala. Code § 35-9A-201 applies to residential tenancies only |
|---|---|
| Default notice before eviction | Varies — 10 days' notice for nonpayment; 10 days to cure other breaches (lease may vary)Source: Ala. Code § 35-9-6 |
| Landlord's lien on tenant property | Varies — Statutory landlord's lien on the tenant's property on the premises; may be waived in the leaseSource: Ala. Code § 35-9-60 |
| Tax on commercial rent | Varies — None |
| Notary / recording for long leases | Varies — No notary for validity; record leases over 20 years (memorandum permitted)Source: Ala. Code § 35-4-6 |
| Required lease disclosures | None specific to commercial leasesSource: Ala. Code tit. 35, ch. 9 |
Rules current as of 2026-09-14. Statutes change; verify before relying on them.
How to use this Commercial Lease Agreement in Alabama
Start with the exact legal names of both entities and decide on a personal guaranty. Enter the rentable area of the premises and the building — that ratio becomes the tenant's share of taxes, insurance and CAM in a modified gross or NNN lease — then set the term, rent commencement, renewal options and escalation. Choose the maintenance split and insurance limits deliberately: they are the clauses that cost money later.
Answer the state-disclosure questions, review the cure periods (pre-filled with Alabama's statutory figures where they exist) and decide whether to waive the landlord's lien for the tenant's equipment lender. Record a memorandum of lease for terms over 20 years (Ala. Code § 35-4-6). Both parties sign with name and title; attach the floor plan, work letter, guaranty and rules.
Frequently asked questions
Is a commercial security deposit regulated in Alabama?
No — Alabama has no statute on commercial security deposits (residential rules do not apply), so the amount, use and return are whatever the lease says; this lease sets a 30-day return with an itemized statement.
How much notice must I give a commercial tenant before eviction in Alabama?
Alabama requires 10 days' written notice before an eviction action for nonpayment and 10 days for other breaches (Ala. Code § 35-9-6); the lease may set a different contractual cure period, and this lease pre-fills it with the statutory figure.
Is there a tax on commercial rent in Alabama?
No — commercial rent is not subject to sales or occupancy tax in Alabama.
Does a commercial lease need a notary or witnesses in Alabama?
No notary is needed for validity; a lease over 20 years should be recorded (usually as a memorandum of lease, which needs acknowledgment) to bind future buyers and lenders (Ala. Code § 35-4-6).
What is the difference between a gross and a triple-net (NNN) lease?
In a gross lease the base rent covers taxes, insurance and common-area maintenance, so the landlord bears cost increases. In a triple-net lease the tenant pays its pro-rata share of those three items on top of base rent, reconciled annually against actual costs. Modified gross sits between: the tenant pays only increases over a base year. This lease drafts all three, and in Alabama the landlord also keeps a statutory lien on the tenant's goods (Ala. Code § 35-9-60) unless waived.
Other names
- commercial lease
- business lease agreement
- retail lease
- office lease
- industrial lease
- warehouse lease
- triple net lease
- NNN lease
- gross lease
- storefront lease
Related documents
- Residential Lease Agreement — Alabama
- Room Rental Agreement — Alabama
- Residential Sublease Agreement — Alabama
- Rental Application — Alabama
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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.
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