[NOTE: The following sample questionnaire is used with the New York Net Leases Library. If you ordered the library for some other jurisdiction, some of the questions and terms would be different.]

NET LEASE QUESTIONNAIRE

Identify landlord:
Name(s):

Address(es):


__male __female __corporation __partnership __LLC
Identify tenant:
Name(s):

Address(es):


__male __female __corporation __partnership __LLC

Any guarantor(s) of tenant's obligations:
Name(s):
Address(es):

__male __female __corporation __partnership __LLC
Identify any broker(s) who brought about lease:
Name(s):

Address(es):


__male __female __corporation __partnership __LLC
commission to be paid by: __landlord __tenant
Identify the premises:
Str. Addr.:
City:
State:
Common name of building:
Section No.:
Block No.:
Lot No.:
[description of premises is to be Exhibit A]
Date of lease:

Commencement date:

Expiration date:

Length of lease term:
__tenant may extend lease term - describe the options, advance notice, new rent, etc.:
USE of premises:
__an apartment house         __industrial/manufacturing
__garden apartments __mixed use - office and com'l
__an office building __mixed use - office and res'l
__a shopping center __mixed use - res'l and com'l
__a house
__vacant land __other:
__security deposit: $

RENT
fixed rent is to be paid:
__monthly
__quarterly - __calendar qrt __lease qrt __other:
__annually - __Jan 1 __lease yr __other:
Enter the fixed rent, at the annual and monthly (or other periodic) rates (and if it changes on specific dates, enter the dates and new rates):




__first installment of rent to be paid upon lease execution

If tenant fails to pay rent when due:
__tenant to pay a late charge - ___% of amount owed
__tenant to pay interest: ___% per annum
__any grace period for additional rent: ___ days
__any grace period for fixed rent: ___ days
__tenant to pay percentage rent - ___% of
__gross receipts
__gross receipts less operating expenses
__gross receipts less operating expenses & $________
__gross receipts less operating expenses & fixed rent
__gross receipts less $________
__gross receipts less fixed rent
Do you want a short form of lease? __Y __N

What estate is being leased:
__the entire estate - both land and buildings
__land only
__buildings only

__lease is a sublease - identify paramount lease:
__Permitted Encumbrances (such as shown in a title report) to be listed in an exhibit

__tenant to comply with specific covenants, restrictions or agreements of record, to be listed in an exhibit

__if landlord wishes to mortgage the property, the new mortgage is to be superior to lease ONLY IF holder gives a nondisturbance agreement to tenant

__tenant may place mortgage on the leasehold estate
__more than one mortgage
__must be an institutional lender
__not to exceed $
__lease to contain provisions to protect the holder of the mortgage
__premises is subject to leases:

__tenant to maintain liability insurance:
__$3,000,000/person $5,000,000/accident $1,000,000/property
__$1,000,000/person $3,000,000/accident $500,000/property
__$1,000,000/person $2,000,000/accident $300,000/property
__other:

__tenant also to maintain "rent insurance"
In the event of damage to or destruction -
__insurance proceeds to be paid to landlord
__tenant may retain any balance of insurance proceeds remaining after restoration
__insurance proceeds to be paid to a Depository (rather than to landlord)
__Depository to be an institutional lender
__Depository to be identified:
In the event of a total taking by condemnation -
__award to be paid to landlord
__tenant to receive a portion of the award (for the value of leasehold estate)
__leasehold mortgage to be paid down (after paying landlord's interest)
In the event of a partial taking, the award is to be -
__paid entirely to landlord
__divided between landlord and tenant in proportion to the value of their interests [assumed value of landlord's interest: $________]
__landlord to be required to perform work to prepare premises
__to be completed prior to the commencement of lease term
__tenant to construct a new building on premises
__tenant to retain title to building until lease expires
__tenant to demolish existing buildings
commence construction:
__upon commencement of lease
__on:
__after termination of present leases
ALTERATIONS
__tenant may NOT make alterations without landlord's consent
__tenant may NOT make alterations costing $________ without consent
__tenant may make "reasonable" alterations
TAXES AND IMPOSITIONS
__tenant to pay all taxes and impositions
__tenant to pay ONLY A PORTION of the taxes and impositions
__a percentage: ___%
__formula based on sq.ft.
fiscal year for real estate taxes ends on:
__June 30
__Dec 31
__other:
__landlord require tenant to make monthly deposits of 1/12th of the taxes and impositions
ASSIGNMENT AND SUBLETTING
Is landlord not to unreasonably withhold its consent to:
__an assignment of lease
__a subletting of entire premises
__occupancy leases in ordinary course of business
__subletting of less than entire premises
__if tenant requests consent to an assignment or subletting, landlord may terminate lease
__if landlord consents to a subletting of entire premises, landlord may increase fixed rent by ___% of the amount by which the rent under the sublease exceeds fixed rent
__landlord's liability limited to the building
__tenant's liability limited to interest in premises
__tenant to deliver estoppel letters
__landlord to deliver estoppel letters
__landlord to be entitled to injunctive relief
__tenant to have an option to purchase premises - purchase price to be:
__fixed dollar amount: $
__fair market value or a percentage thereof
__greater of $________ or ___% of fair market value
__lesser of $________ or ___% of fair market value
option to be exercised:
__at any time
__subsequent to:
__prior to:
__prepare acknowledgments
__prepare backs
__the lease or __a Memorandum of Lease is to be recorded
__prepare Memorandum of Lease

tenant may use premises solely for:

__landlord not to unreasonably withhold consent to other uses
__tenant may cancel lease if landlord fails to deliver possession within ___ days after the commencement of lease term

__tenant may cancel lease (__with or __without a cancellation charge) within an initial period of lease term - describe charge, period, notice requirements, etc.: