Arkansas restaurant lease agreement template
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How Arkansas restaurant lease agreement Differ from Other States
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Arkansas law does not require landlords to disclose property conditions unless asked, while many states mandate written disclosures.
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Security deposit limits in Arkansas are set at two months’ rent, whereas other states may have lower or no limits.
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Arkansas offers a five-day notice to pay or quit for non-payment, differing from the longer periods required by many other states.
Frequently Asked Questions (FAQ)
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Q: Is a written lease necessary for restaurant rentals in Arkansas?
A: While verbal leases are valid, a written lease is strongly recommended to clearly define all terms and protect both parties.
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Q: Are there special health or safety requirements for restaurant leases in Arkansas?
A: Restaurant operators must comply with Arkansas Department of Health standards, regardless of the lease, for food safety and sanitation.
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Q: What are the rules for security deposits in Arkansas restaurant leases?
A: Arkansas limits security deposits to two months’ rent and requires that landlords return deposits within 60 days after lease termination.
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Arkansas Restaurant Lease Agreement
This Restaurant Lease Agreement ("Agreement") is made and entered into as of [Date of Execution], by and between [Landlord Name], residing at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], residing/located at [Tenant Address] (if an entity, also list Arkansas Registered Agent: [Registered Agent Name], residing/located at [Registered Agent Address]), hereinafter referred to as "Tenant."
Parties and Contact Information:
Landlord Name: [Landlord Name]
Landlord Address: [Landlord Address]
Landlord Phone: [Landlord Phone Number]
Landlord Email: [Landlord Email]
Tenant Name: [Tenant Name]
Tenant Address: [Tenant Address]
Tenant Phone: [Tenant Phone Number]
Tenant Email: [Tenant Email]
If Tenant is an entity:
Arkansas Registered Agent Name: [Registered Agent Name]
Arkansas Registered Agent Address: [Registered Agent Address]
Premises:
The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises located at [Property Address], Arkansas, with the following legal description: [Legal Description] (the "Premises").
The Premises consists of approximately [Square Footage] square feet and includes the following:
Detailed Description: [Detailed Description of Demised Premises, including kitchen layout, dining area, restrooms, food storage/prep zones, grease trap location, HVAC, cooler/freezer units, utility access points]
Use:
Permitted Use: The Premises shall be used solely for the operation of a restaurant (the "Permitted Use").
Option A: The Tenant shall be allowed to serve alcoholic beverages, subject to obtaining and maintaining all required Arkansas Alcoholic Beverage Control (ABC) permits.
Option B: The Tenant shall not be allowed to serve alcoholic beverages.
Business Hours: The Tenant shall operate the restaurant during the following hours: [Business Hours].
Prohibited Uses: The Tenant shall not use the Premises for any purpose other than the Permitted Use, and specifically prohibits [e.g., auto sales, retail sales other than restaurant-related items].
Term:
Commencement Date: The term of this Lease shall commence on [Start Date].
Expiration Date: The term of this Lease shall expire on [End Date].
Renewal Option:
Option A: The Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided that the Tenant gives the Landlord written notice of its intention to renew at least [Number] days, but no more than [Number] days, prior to the Expiration Date.
Option B: There is no renewal option.
Arkansas Late-Notice Requirement: If this lease contains an automatic renewal provision, Arkansas law requires Landlord to provide Tenant with written notice of the provision at least 30 days but no more than 60 days before Tenant is required to notify Landlord of its intent to renew or not.
Rent:
Base Rent: The Tenant shall pay to the Landlord base rent in the amount of [Dollar Amount] per month.
Payment Method: Rent shall be payable in [Payment Method] to [Payee Name] at [Payee Address].
Due Date: Rent shall be due on the [Day] day of each month, in advance.
Late Payment: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount] shall be assessed.
Returned Check Fee: A fee of [Dollar Amount] will be charged for any returned check.
Percentage Rent:
Option A: In addition to the Base Rent, the Tenant shall pay to the Landlord percentage rent equal to [Percentage]% of the Tenant's gross sales exceeding [Dollar Amount] in any given month.
Option B: There is no percentage rent.
Taxes: The Tenant is responsible for all applicable Arkansas and local sales taxes on rent and the Tenant shall also be responsible for [Property Tax Pass-Throughs, Tourism or Hospitality Taxes].
Security Deposit:
Amount: The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount].
Return of Security Deposit: The security deposit shall be returned to the Tenant within the timeframe prescribed by Arkansas law following the termination of this Lease, less any deductions for damages to the Premises beyond normal wear and tear or unpaid rent. The Landlord shall provide a written itemized statement of any deductions.
Utilities:
The Tenant shall be responsible for the payment of the following utilities: [List of Utilities: Natural Gas, Water, Sewer, Electricity, Trash/Grease Removal, Pest Control, Hood Cleaning, Phone/Internet, Fire Alarm].
The Landlord shall be responsible for the payment of the following utilities: [List of Utilities Landlord is Responsible For, if any].
Metering: The Premises [is/is not] separately metered for each utility. If not, the method of allocation will be: [Specify Allocation Method].
Maintenance and Repairs:
Landlord's Responsibilities: The Landlord shall be responsible for maintaining the roof, structure, exterior walls, and utility lines up to the point of entry into the Premises.
Tenant's Responsibilities: The Tenant shall be responsible for maintaining the interior of the Premises, including all kitchen equipment, grease traps, fire suppression systems, exhaust hoods, refrigeration, and HVAC systems.
Service Intervals: The Tenant shall maintain all kitchen equipment, grease traps, fire suppression systems, and exhaust hoods according to the following schedule: [Specify Service Intervals].
Arkansas-Specific Disclosures and Notices:
UCC Filings: The Landlord [has/has not] filed UCC financing statements covering fixtures or personal property on the Premises. Details: [Details of UCC Filings].
Environmental Issues: To the best of Landlord's knowledge, the Premises [has/has not] been subject to environmental contamination. Details: [Details of any known hazardous waste, prior contamination, or underground storage tanks].
Compliance with Laws:
The Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to:
Arkansas Department of Health regulations for restaurants
Local fire marshal inspections
Local food and beverage permitting (including alcoholic beverage permits, if applicable)
ADA requirements
Fire safety ordinances
Liquor licensing regulations (if applicable)
Ventilation laws
Arkansas labor law posting requirements
The Tenant shall obtain and maintain all necessary licenses and permits at its own expense.
Alterations and Improvements:
The Tenant shall not make any alterations or improvements to the Premises without the Landlord's prior written consent, which shall not be unreasonably withheld. All alterations and improvements shall comply with applicable city permits and local historic or design review requirements, if applicable.
Insurance:
The Tenant shall maintain commercial general liability insurance with a limit of not less than [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.
The Tenant shall also maintain property insurance covering the Tenant's personal property and business interruption insurance.
If applicable, the Tenant shall maintain liquor liability (dram shop) insurance.
The Landlord shall be named as an additional insured on the Tenant's commercial general liability insurance policy. The Tenant shall provide the Landlord with certificates of insurance upon request.
Default and Remedies:
Events of Default: The occurrence of any of the following events shall constitute a default by the Tenant:
Failure to pay rent when due.
Failure to comply with any other term or condition of this Lease.
Abandonment of the Premises.
Landlord's Remedies: Upon the occurrence of a default by the Tenant, the Landlord shall have the following remedies:
Termination of the Lease.
Recovery of damages.
The right to re-enter and re-let the Premises.
Expedited eviction pursuant to Arkansas Code § 18-60-301 et seq. (Unlawful Detainer).
A lien on the Tenant's equipment and inventory (if applicable by agreement).
Signage:
The Tenant shall have the right to install signage on the Premises, subject to the Landlord's approval and compliance with all applicable city and state sign ordinances.
Governing Law and Venue:
This Lease shall be governed by and construed in accordance with the laws of the State of Arkansas. Venue for any action arising out of or relating to this Lease shall be in [County] County, Arkansas.
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 parties at their respective addresses set forth above.
Entire Agreement:
This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
IN WITNESS WHEREOF, the parties have executed this Restaurant Lease Agreement as of the date first written above.
[Landlord Name]
By: [Landlord Signature]
[Tenant Name]
By: [Tenant Signature]