Kentucky 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
Kentucky 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; Ky. Rev. Stat. § 383.580 applies to residential tenancies in URLTA jurisdictions only |
|---|---|
| Default notice before eviction | Varies — No statutory cure period — the lease's notice and cure terms applySource: No statutory cure period for non-residential leases — the notice and cure periods stated in the lease apply, subject to the eviction procedure in Ky. Rev. Stat. § 383.200 et seq. |
| 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: Ky. Rev. Stat. § 383.070 |
| Tax on commercial rent | Varies — None |
| Notary / recording for long leases | Varies — No notary for validity; record leases over 5 years (memorandum permitted)Source: Ky. Rev. Stat. § 382.080 |
| Required lease disclosures | None specific to commercial leasesSource: Ky. Rev. Stat. ch. 383 |
Rules current as of 2026-09-14. Statutes change; verify before relying on them.
How to use this Commercial Lease Agreement in Kentucky
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 Kentucky'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 5 years (Ky. Rev. Stat. § 382.080). 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 Kentucky?
No — Kentucky 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 Kentucky?
Kentucky has no statutory cure period for commercial leases, so the notice and cure days you enter control (Ky. Rev. Stat. ch. 383).
Is there a tax on commercial rent in Kentucky?
No — commercial rent is not subject to sales or occupancy tax in Kentucky.
Does a commercial lease need a notary or witnesses in Kentucky?
No notary is needed for validity; a lease over 5 years should be recorded (usually as a memorandum of lease, which needs acknowledgment) to bind future buyers and lenders (Ky. Rev. Stat. § 382.080).
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 Kentucky the landlord also keeps a statutory lien on the tenant's goods (Ky. Rev. Stat. § 383.070) 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 — Kentucky
- Room Rental Agreement — Kentucky
- Residential Sublease Agreement — Kentucky
- Rental Application — Kentucky
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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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