Arkansas warehouse lease agreement template
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How Arkansas warehouse lease agreement Differ from Other States
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Arkansas law does not require a written lease for warehouse rentals under one year, whereas some states mandate written leases regardless of term length.
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Arkansas is a landlord-friendly state with fewer statutory tenant protections compared to many other states, affecting late fees and eviction processes.
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Security deposit regulations in Arkansas are more flexible for commercial leases, with no statutory limit or specific return requirements found in several other states.
Frequently Asked Questions (FAQ)
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Q: Is a written warehouse lease required in Arkansas?
A: A written lease is only required if the term exceeds one year; otherwise, an oral lease is legally valid in Arkansas.
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Q: How are security deposits handled for warehouse leases in Arkansas?
A: There is no statutory limit or prescribed handling for security deposits on commercial warehouse leases in Arkansas.
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Q: Can landlords set any late fee amount in Arkansas warehouse leases?
A: Yes, Arkansas law allows landlords to agree to any reasonable late fee as specified in the written lease agreement.
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Arkansas Warehouse Lease Agreement
This Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type] organized under the laws of Arkansas, with its principal place of business at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type] organized under the laws of Arkansas, with its principal place of business at [Tenant Address] ("Tenant").
1. Leased Premises
The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse premises located at [Warehouse Address], legally described as: [Legal Description of Property] (the "Premises").
The Premises consist of approximately [Square Footage] square feet, with a ceiling height of [Ceiling Height], [Number] loading docks located [Loading Dock Location], and vehicle access points at [Vehicle Access Point Location].
Option A: Includes the right to use the outdoor storage area designated as [Outdoor Storage Area Description], consisting of [Square Footage] square feet.
Option B: Does not include any outdoor storage area.
2. Permitted Use
The Premises shall be used solely for commercial warehouse purposes, including [List of Allowed Activities, e.g., storage, distribution, light manufacturing].
The Tenant shall not use the Premises for any purpose other than the Permitted Use without the Landlord's prior written consent, which may be withheld in Landlord’s sole discretion.
The Tenant is prohibited from using the Premises for retail sales, residential purposes, or the storage of hazardous materials beyond quantities permitted by applicable Arkansas laws and regulations.
Tenant shall comply with all applicable city and county zoning classifications, including [Zoning Classification] and Arkansas zoning, building, fire, and environmental regulations.
Tenant must provide proof of all local business licenses and warehouse operation permits required in Arkansas, including [List of Permits].
3. Lease Term
The term of this Lease shall commence on [Start Date] (the "Commencement Date") and shall expire on [End Date] (the "Expiration Date"), unless sooner terminated as provided herein.
Option A: The Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided that the Tenant gives the Landlord written notice of its intention to renew at least [Number] days prior to the Expiration Date.
Option B: There is no option to renew this lease.
Early termination: [Terms and Conditions of early termination, including Arkansas-mandated notice procedures]
4. Rent and Security Deposit
The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on the Commencement Date.
The base rent shall be calculated [per sq. ft. or otherwise] at [Dollar Amount].
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 performance of the Tenant's obligations under this Lease. The Landlord shall return the security deposit to the Tenant within [Number] days after the termination of this Lease, less any amounts necessary to cover damages to the Premises or other amounts due under this Lease, consistent with Arkansas commercial leasing law.
Additional Rent: In addition to the base rent, the Tenant shall pay as additional rent:
Option A: Common area maintenance (CAM) fees in the amount of [Dollar Amount], payable [Frequency].
Option B: A pro rata share of property taxes exceeding the base year of [Year].
Escalation Clause: The base rent shall increase by [Percentage]% annually, commencing on the [Date] of each year.
Payment Method: Payments shall be made by [Wire Transfer/Check] to [Payment Details].
Late Payment Fee: A late payment fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.
Default Interest: Any overdue amounts shall accrue interest at a rate of [Percentage]% per annum, consistent with Arkansas contract law.
5. Utilities
The Tenant shall be responsible for the payment of all utilities used at the Premises, including water, electricity, HVAC, and waste disposal.
Option A: The Landlord shall provide water and waste disposal services, and the Tenant shall reimburse the Landlord for the cost of these services based on [Metering/Submetering Procedures].
Option B: Tenant is responsible for all utilities.
Tenant is responsible for [specialized waste, if generated by warehouse use].
6. 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 be performed in compliance with all applicable Arkansas construction codes and regulations.
The Tenant shall be responsible for obtaining all necessary permits and licenses for any alterations or improvements.
Tenant improvements require [Landlord Approvals].
The Tenant shall provide [Lien Protection] for any alterations or improvements.
Upon termination 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. Requirements for post-lease restoration: [Post-lease restoration requirements].
7. Maintenance and Repair
The Landlord shall be responsible for maintaining and repairing the structural components of the Premises, including the roof, walls, and foundation.
The Tenant shall be responsible for maintaining and repairing the interior of the Premises, including the loading docks, fire suppression systems, and mechanical systems.
Reporting Procedures: The Tenant shall promptly report any damage to the Premises or any discovered code violations to the Landlord.
Timeline for Repairs: The Landlord shall make commercially reasonable efforts to repair any damage to the Premises within [Number] days of receiving notice from the Tenant.
Division of Responsibilities: [Specify clear division of maintenance and repair responsibilities].
8. Insurance
The Tenant shall maintain property, operational, and commercial general liability insurance at Arkansas minimums, with the Landlord named as an additional insured.
Minimum coverage amounts: [Coverage amounts].
Evidence of other required coverages, such as business interruption or contents insurance for stored goods: [List of other required coverages].
9. Safety and Compliance
The Tenant shall comply with all applicable Arkansas fire safety and emergency response procedures, including maintaining fire extinguishers and sprinkler systems in good working order.
Clear Aisle Regulations: The Tenant shall maintain clear aisles throughout the Premises.
Hazardous Material Containment: The Tenant shall comply with all applicable regulations regarding the storage and handling of hazardous materials.
10. Operating Restrictions
The Tenant shall comply with the following operating restrictions:
Noise: The Tenant shall not create excessive noise that disturbs other tenants or neighbors.
Hours of Operation: The Tenant's hours of operation shall be limited to [Hours of Operation].
Signage: All signage shall comply with Arkansas and municipal signage regulations and shall be subject to the Landlord's prior written approval.
Use of Heavy Equipment: The Tenant shall operate forklifts and other heavy equipment in a safe and responsible manner.
Outdoor Storage: [Guidelines regarding material handling or outdoor storage].
11. Subleasing and Assignment
The Tenant shall not sublease the Premises or assign this Lease without the Landlord's prior written consent, which shall not be unreasonably withheld under Arkansas law.
Subleasing and assignment rights and restrictions: [Detailed subleasing and assignment rights].
12. Inspections and Access
The Landlord shall have the right to enter the Premises at reasonable times for the purpose of making repairs, showing the Premises to prospective tenants or purchasers, or conducting inspections, provided that the Landlord gives the Tenant reasonable notice in compliance with Arkansas statutory notice requirements.
Notice Requirements: [Specify Arkansas statutory notice requirements].
13. Move-In and Move-Out
The Tenant shall move in and move out of the Premises in accordance with the Landlord's instructions.
Upon termination of this Lease, the Tenant shall surrender the Premises in good condition, reasonable wear and tear excepted.
The Tenant shall remove all of its personal property and fixtures from the Premises upon termination of this Lease.
Security Deposit Return: The Landlord shall return the security deposit to the Tenant within Arkansas timelines, with itemization of allowed deductions.
14. Default and Remedies
If the Tenant defaults in the performance of any of its obligations under this Lease, the Landlord shall have the right to pursue all available remedies under Arkansas law, including termination of this Lease and recovery of damages.
Remedies for breach, damage, or early termination by either party: [Detailed remedies].
15. Indemnification
The Tenant shall indemnify and hold harmless the Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Tenant's use of the Premises.
16. Dispute Resolution
Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, or arbitration, in that order of preference.
Governing Law and Jurisdiction: This Lease shall be governed by and construed in accordance with the laws of the State of Arkansas. Any legal action arising out of or relating to this Lease shall be brought in a court of competent jurisdiction in [Arkansas Jurisdiction/Court].
17. Taxes
The Tenant shall be responsible for the payment of all sales/use tax or Arkansas commercial property tax.
Local Taxing Authority Reporting Obligations: [Clarify any local taxing authority reporting obligations].
18. Safety Regulations
The Tenant shall comply with all applicable Occupational Safety and Health Administration (OSHA) standards and Arkansas Department of Labor workplace and warehouse-specific safety regulations.
Documentation of employees/contractor safety and training: [Requirements for documentation].
19. ADA Compliance
The Tenant shall comply with the Americans with Disabilities Act (ADA) and any local Arkansan accessibility ordinances relevant to warehouse use.
20. Environmental Compliance
The Tenant shall comply with all applicable environmental laws and regulations, including those relating to the storage and handling of chemicals, oil, or regulated substances.
The Tenant shall report any spills or releases of hazardous materials to the Arkansas Department of Environmental Quality (ADEQ) as required by law.
21. Landlord Warranties
The Landlord warrants that it has the legal right to lease the Premises to the Tenant and that the Premises are suitable for warehouse use. Landlord's warranties of legal possession and habitability suitable for warehouse use.
22. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Lease due to causes beyond its reasonable control, including acts of God, war, terrorism, or other events of force majeure as customarily defined in Arkansas.
23. Notice
All notices 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.
Electronic Notice/Service: [Terms related to electronic notice and service, if allowed by Arkansas law].
24. 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.
25. Severability
If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
26. Counterparts
This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Landlord:
[Landlord Name]
By: [Landlord Signature]
Name: [Landlord Printed Name]
Title: [Landlord Title]
Tenant:
[Tenant Name]
By: [Tenant Signature]
Name: [Tenant Printed Name]
Title: [Tenant Title]