What is a Bondable Lease? A Comprehensive Legal Overview

Definition & Meaning

A bondable lease is a specific type of lease agreement, often categorized as a triple net lease. In this arrangement, the tenant assumes all potential risks associated with the property. These risks include responsibilities such as rebuilding the property after damage, regardless of whether insurance proceeds are sufficient, and continuing to pay rent if the property is partially or fully condemned. Unlike other lease types, a bondable lease cannot be terminated by the tenant, and rent abatements"”temporary reductions or suspensions of rent"”are not allowed.

Bondable leases are also referred to as absolute triple net leases, true triple net leases, or hell or high water leases.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A retail store enters into a bondable lease for a shopping center location. If the building suffers fire damage, the tenant must rebuild the store, even if the insurance payout is insufficient to cover the costs.

Example 2: A company leases an industrial facility under a bondable lease. If the government condemns part of the property for public use, the company is still obligated to pay the full rent for the remaining space. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Requires specific disclosures related to property condition.
Texas Allows for certain lease termination rights under specific conditions.
New York Has additional regulations regarding commercial lease agreements.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Triple Net Lease A lease where the tenant pays property taxes, insurance, and maintenance. Bondable leases include additional responsibilities like rebuilding after damage.
Absolute Lease A lease where the tenant has full responsibility for the property. Bondable leases specifically prohibit rent abatements.

What to do if this term applies to you

If you are considering entering into a bondable lease, it is crucial to understand your responsibilities fully. Review the lease terms carefully, and consider consulting with a legal professional to clarify any uncertainties. For those who prefer a DIY approach, US Legal Forms offers templates that can help you create a bondable lease agreement tailored to your needs.

Quick facts

  • Typical Lease Type: Commercial
  • Key Responsibilities: Rebuilding, rent payment during condemnation
  • Termination: Not permitted by tenant
  • Rent Abatements: Not allowed

Key takeaways

Frequently asked questions

A bondable lease is a type of lease where the tenant assumes all risks related to the property, including rebuilding after damage.