Alabama warehouse lease agreement template

Alabama Warehouse Lease Agreement

This Alabama Warehouse Lease Agreement is made and entered into as of [Date], by and between:

[Landlord Name/Entity Name], a [Entity Type] with its principal place of business at [Landlord Address], represented by [Landlord Representative Name] (hereinafter "Landlord"), and

[Tenant Name/Entity Name], a [Entity Type] with its principal place of business at [Tenant Address], represented by [Tenant Representative Name] (hereinafter "Tenant"). If Tenant is an entity, its registered agent is [Registered Agent Name] with an address of [Registered Agent Address].

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse premises located at [Warehouse Address], with Parcel Number [Parcel Number], and more fully described as follows: [Legal Description of Property].

The leased premises consist of approximately [Gross Square Footage] gross square feet and [Rentable Square Footage] rentable square feet of warehouse space, including:

• Loading Docks: [Number]
• Type of Bays: [Description of Bays]
• Height Clearance: [Height Clearance] feet
• Truck Access: [Description of Truck Access]
• Fire Suppression Systems: [Description of Systems]
• Ventilation: [Description of Ventilation]
• Racking Systems: [Description of Racking]
• Office/Mezzanine: [Description of Office/Mezzanine]
• Exclusive/Outdoor Storage: [Description of Storage]

2. Use

Option A: The premises shall be used solely for warehousing and related logistics and industrial purposes.
Option B: The premises shall be used solely for [Specific Approved Use].

Prohibited Uses: The Tenant shall not use the premises for any purpose other than the permitted use stated above, including but not limited to manufacturing (unless expressly agreed to below), retail sales, or any activity involving hazardous materials unless specifically approved in writing by Landlord.

• Option A: Manufacturing is expressly permitted for [Description of Manufacturing Activity], provided all applicable permits are obtained.
  Option B: Manufacturing is strictly prohibited.

Compliance: The Tenant shall comply with all applicable Alabama state and local zoning ordinances, building codes, and fire codes. The Tenant is responsible for verifying whether any specific use approvals or licenses are required for warehousing in the locality.

3. Term

The term of this lease shall commence on [Commencement Date] and shall expire on [Expiration Date].

Renewal/Extension:

• Option A: The Tenant shall have the option to renew this lease for [Number] additional term(s) of [Duration] each, provided the Tenant gives the Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the initial term or any renewal term.
  Option B: There are no renewal options under this lease.

Early Termination:

• Option A: Tenant may terminate this lease early by providing [Number] months written notice and paying a termination fee of [Dollar Amount].
  Option B: There are no early termination rights under this lease.

Holdover: Any holdover by Tenant after the expiration of the term shall be construed as a tenancy from month-to-month, subject to all the terms and conditions of this lease, except that the monthly rent shall be [Percentage]% of the then-current rent.

4. Rent

The monthly rent shall be [Dollar Amount], payable in advance on the [Day] day of each month, commencing on [Date].

Payment Method: Rent shall be paid by [Payment Method(s)] to Landlord at [Payment Address].

Proration: For any partial month, rent shall be prorated on a per diem basis.

Escalation:

• Option A: The rent shall be increased annually by [Percentage]%, commencing on the first anniversary of the commencement date.
  Option B: The rent shall be adjusted annually based on the Consumer Price Index (CPI) for [Specific CPI Index], with the adjustment commencing on the first anniversary of the commencement date.
  Option C: There is no rent escalation.

Late Payment: A late payment charge of [Dollar Amount] or [Percentage]% of the overdue rent, whichever is greater, shall be assessed for any payment received more than [Number] days after the due date, subject to Alabama usury limits.

Taxes: Tenant shall be responsible for paying any applicable Alabama state or local sales/use, lease, or rental taxes.

5. Security Deposit

The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount], which shall be held by the Landlord as security for the Tenant's performance of its obligations under this lease.

Deductions: The Landlord may deduct from the security deposit only for lawful reasons under Alabama law, including but not limited to damage to the premises (beyond normal wear and tear), unpaid rent, and costs of cleaning or repairs necessary to restore the premises to its original condition.

Return: The Landlord shall return the security deposit (less any lawful deductions) to the Tenant within [Number] days after the termination of this lease and the Tenant's surrender of the premises, along with a written accounting of any deductions.

6. Taxes and Utilities

Real Estate Taxes:

• Option A: The Landlord shall be responsible for paying all real estate ad valorem taxes.
  Option B: The Tenant shall reimburse the Landlord for [Percentage]% of the real estate ad valorem taxes.

Personal Property Tax: The Tenant shall be responsible for paying all personal property taxes for tenant installations or stock.

Local Business Privilege Tax: The Tenant shall be responsible for paying any applicable local business privilege tax.

Utilities: The Tenant shall be responsible for paying all utility expenses, including but not limited to electricity, gas, water, sewerage, trash, internet, and HVAC.

7. Repair and Maintenance

Tenant's Responsibilities: The Tenant shall be responsible for all interior repair and maintenance, including janitorial services, pest control, and the repair and maintenance of racking, lighting, dock doors, and any equipment installed by the Tenant.

Landlord's Responsibilities: The Landlord shall be responsible for the roof, structural walls, exterior, slab/foundation, common areas, and required fire safety systems maintenance per Alabama Fire Code.

8. Common Areas

The Landlord shall maintain the exterior and shared areas, driveways, fencing, security gates, and landscaping in good condition.

9. Environmental Compliance

The Tenant shall comply with all applicable Alabama environmental laws, including those relating to hazardous materials storage, environmental inspections, stormwater discharge, and reporting obligations. If industrial materials are stored or transferred, compliance with Alabama Department of Environmental Management (ADEM) rules is required.

10. Insurance

Tenant's Insurance: The Tenant shall maintain liability insurance at levels required under Alabama law, including commercial general liability, property damage, and fire legal liability, with coverage amounts of no less than [Dollar Amount]. The Landlord shall be named as an additional insured on the Tenant's policy.

Landlord's Insurance: The Landlord shall maintain adequate insurance on the building.

Waiver of Subrogation: To the extent permitted under Alabama law, the parties waive their rights of subrogation against each other.

11. Alterations and Improvements

Tenant Improvement Allowance:

• Option A: The Landlord shall provide a tenant improvement allowance of [Dollar Amount] to be used for improvements to the premises.
  Option B: There is no tenant improvement allowance.

Alterations: The Tenant shall not make any alterations or improvements to the premises without the Landlord's prior written approval, which shall not be unreasonably withheld. All alterations shall be performed in accordance with applicable building codes and by licensed contractors approved by the Landlord.

Restoration: Upon the expiration of this lease, the Tenant shall restore the premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing by the Landlord.

12. Access and Inspection

The Landlord shall have the right to enter the premises at reasonable times and with reasonable notice for the purpose of inspection or making necessary repairs. Except in emergencies, the Landlord shall provide the Tenant with at least [Number] hours' notice prior to entering the premises.

The Tenant shall promptly notify the Landlord of any property damage or repair issues.

13. Security

The Tenant shall be responsible for maintaining adequate security measures, including alarms, cameras, and lighting.

The Tenant shall comply with all truck/trailer parking and idling regulations, noise ordinances, and shipment scheduling requirements. The Tenant shall ensure the safe handling of goods in accordance with Alabama OSHA standards.

14. Inventory

The Tenant shall bear the risk of loss or damage to its inventory, and the Landlord shall not be liable for any inventory loss, damage, theft, or contamination, subject to any limitations enforceable under Alabama law.

15. Signage

The Tenant shall have the right to install signage on the exterior of the premises, subject to the Landlord's approval and compliance with all applicable local sign ordinances. [Description of Permitted Signage]

16. Business Hours

Business hours for the premises shall be [Start Time] to [End Time], [Days of Week]. After-hours access may be granted with [Description of Access Procedures].

17. Subletting and Assignment

The Tenant shall not sublet the premises or assign this lease without the Landlord's prior written consent, which shall not be unreasonably withheld, per Alabama law.

18. UCC Article 7

To the extent the Landlord provides warehouseman's services, this lease shall be subject to UCC Article 7 regarding warehousing receipts, bailment, and lien rights.

19. Condemnation and Casualty

If the premises are taken by eminent domain or damaged by casualty, this lease shall terminate as provided by Alabama law. The parties shall have such rights to compensation and abatement of rent as are provided by Alabama law.

20. Default and Remedies

If the Tenant defaults in the performance of any of its obligations under this lease, the Landlord shall have all remedies available under Alabama law, including but not limited to termination of the lease, eviction, and recovery of damages. The Landlord shall provide the Tenant with written notice of default and a reasonable opportunity to cure the default, as required by Alabama law.

Cure Period: [Number] days

21. Notices

All notices required or permitted under this lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

• Landlord Notice Address: [Landlord Notice Address]
• Tenant Notice Address: [Tenant Notice Address]

22. Governing Law

This lease shall be governed by and construed in accordance with the laws of the State of Alabama. Venue for any legal action relating to this lease shall be exclusively in the courts of [County Name] County, Alabama.

23. Obligations at Expiration

Upon the expiration of this lease, the Tenant shall vacate the premises and remove all of its personal property. The Tenant shall restore the premises to its original condition, reasonable wear and tear excepted. A joint inspection shall be conducted, and access devices shall be returned. The security deposit shall be refunded as governed by Alabama statute.

24. Dispute Resolution

Any dispute arising out of or relating to this lease shall be resolved through [Description of Dispute Resolution Process, e.g., mediation, arbitration] in [City, Alabama].

25. Disclosures

Emergency Repairs Contact: [Emergency Contact Name], [Emergency Contact Phone Number]

• Lead Paint Disclosure:
  • Option A: The premises were built prior to 1978. A lead paint disclosure is attached.
    Option B: The premises were built in or after 1978. A lead paint disclosure is not required.
• Asbestos Disclosure:
  • Option A: Landlord discloses that asbestos is present in the building. [Description of Location].
    Option B: Landlord has no knowledge of any asbestos existing within the premises.

26. Miscellaneous

This lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This lease may be amended only by a written instrument signed by both parties.

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this lease if such failure is caused by a force majeure event.

This lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

If any provision of this lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Any waiver by either party of any breach of this lease shall not be deemed a waiver of any subsequent breach.

Warehouse Operational Rules: [Description of any specific warehouse operational rules].

Compliance with Government Mandates: [Description of compliance with any government mandates].

IN WITNESS WHEREOF, the parties have executed this lease as of the date first written above.

____________________________
[Landlord Name/Entity Name]

By: ____________________________
[Landlord Representative Name]
Title: [Landlord Representative Title]

____________________________
[Tenant Name/Entity Name]

By: ____________________________
[Tenant Representative Name]
Title: [Tenant Representative Title]