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Draft a Letter of Intent to Lease for a commercial tenant

Introduction

In Kenya, a Letter of Intent (LOI) to Lease is a preliminary agreement that outlines the basic terms and conditions under which a commercial tenant intends to lease a property. This document is not legally binding but serves as a framework for negotiating the final lease agreement. The LOI helps both parties to understand the key terms and conditions before committing to a formal lease agreement. Below is a detailed draft of a Letter of Intent to Lease for a commercial tenant in Kenya.

Table of Contents

  1. Introduction

  2. Draft Letter of Intent to Lease

    • 2.1. Header

    • 2.2. Introduction

    • 2.3. Property Description

    • 2.4. Lease Term

    • 2.5. Rent and Security Deposit

    • 2.6. Use of Premises

    • 2.7. Maintenance and Repairs

    • 2.8. Utilities and Services

    • 2.9. Insurance

    • 2.10. Assignment and Subletting

    • 2.11. Governing Law

    • 2.12. Confidentiality

    • 2.13. Non-Binding Nature

    • 2.14. Signatures

  3. Conclusion

Draft Letter of Intent to Lease

2.1. Header

[Your Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]

[Date]

[Landlord's Name]
[Landlord's Address]
[City, Postal Code]

2.2. Introduction

Dear [Landlord's Name],

I am writing to express my intent to lease the commercial property located at [Property Address] (the "Premises"). This Letter of Intent ("LOI") outlines the basic terms and conditions under which I propose to lease the Premises. This LOI is intended to serve as a basis for negotiating a formal lease agreement.

2.3. Property Description

The Premises to be leased is described as follows:

  • Location: [Property Address]

  • Size: [Square Footage]

  • Type: [Type of Property, e.g., Retail, Office, Industrial]

2.4. Lease Term

The proposed lease term is as follows:

  • Initial Term: [Number of Years] years, commencing on [Start Date] and ending on [End Date].

  • Renewal Options: [Number of Renewal Options] renewal options of [Number of Years] years each, to be exercised by providing written notice to the Landlord at least [Number of Days] days prior to the expiration of the then-current term.

2.5. Rent and Security Deposit

The proposed rent and security deposit are as follows:

  • Base Rent: KES [Monthly Rent Amount] per month, payable in advance on the first day of each month.

  • Security Deposit: KES [Security Deposit Amount], to be paid upon execution of the formal lease agreement.

2.6. Use of Premises

The Premises will be used for the following purpose(s):

  • [Description of Intended Use, e.g., Retail Store, Office Space, Warehouse]

2.7. Maintenance and Repairs

The responsibilities for maintenance and repairs are proposed as follows:

  • Tenant's Responsibilities: The Tenant will be responsible for routine maintenance and minor repairs of the Premises.

  • Landlord's Responsibilities: The Landlord will be responsible for major structural repairs and maintenance of common areas.

2.8. Utilities and Services

The responsibilities for utilities and services are proposed as follows:

  • Tenant's Responsibilities: The Tenant will be responsible for payment of all utilities, including electricity, water, gas, and internet services.

  • Landlord's Responsibilities: The Landlord will be responsible for providing and maintaining essential services such as plumbing, electrical systems, and HVAC.

2.9. Insurance

The insurance requirements are proposed as follows:

  • Tenant's Insurance: The Tenant will obtain and maintain commercial general liability insurance with coverage of at least KES [Coverage Amount] per occurrence, naming the Landlord as an additional insured.

  • Landlord's Insurance: The Landlord will obtain and maintain property insurance covering the Premises.

2.10. Assignment and Subletting

The terms for assignment and subletting are proposed as follows:

  • The Tenant will not assign or sublet the Premises without the prior written consent of the Landlord, which consent will not be unreasonably withheld.

2.11. Governing Law

This LOI and any subsequent lease agreement will be governed by and construed in accordance with the laws of the Republic of Kenya.

2.12. Confidentiality

Both parties agree to keep the terms and conditions of this LOI confidential and not to disclose them to any third party, except as required by law or with the prior written consent of the other party.

2.13. Non-Binding Nature

This LOI is not intended to create a binding agreement between the parties. It is intended solely as a basis for negotiating a formal lease agreement. Neither party will be bound by the terms of this LOI until a formal lease agreement has been executed by both parties.

2.14. Signatures

If the terms and conditions outlined in this LOI are acceptable, please sign and return a copy of this letter by [Response Date]. Upon receipt of your acceptance, we can proceed with drafting a formal lease agreement.

Sincerely,


[Your Name]
[Your Title, if applicable]

Accepted and Agreed:


[Landlord's Name]
[Landlord's Title, if applicable]
[Date]

Conclusion

A Letter of Intent to Lease is a crucial step in the leasing process as it sets the stage for the formal lease agreement. It helps both the tenant and the landlord to outline and agree on the basic terms and conditions before committing to a legally binding contract. This draft LOI provides a comprehensive framework that can be customized to fit the specific needs and requirements of both parties. It is advisable to consult with a legal professional to ensure that all terms and conditions are appropriately addressed and that the final lease agreement complies with Kenyan law.

Answered by mwakili.com