Florida warehouse lease agreement template

Florida Warehouse Lease Agreement

This Florida Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date of Signing, e.g., January 1, 2024], by and between [Landlord's Full Legal Name], a [Landlord's Entity Type, e.g., Florida Limited Liability Company], with a mailing address of [Landlord's Mailing Address], phone number [Landlord's Phone Number], and registered agent (if applicable) [Landlord's Registered Agent Name] with address [Landlord's Registered Agent Address] (hereinafter referred to as "Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Florida Corporation], with a mailing address of [Tenant's Mailing Address], phone number [Tenant's Phone Number], and registered agent (if applicable) [Tenant's Registered Agent Name] with address [Tenant's Registered Agent Address] (hereinafter referred to as "Tenant").

Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises located at [Property Address], [Unit/Suite Number], with the following legal description: [Legal Description as per Florida Records] (the "Premises").

The Premises includes approximately [Square Footage] square feet of warehouse space, [Number] loading docks, [Number] bay doors, a clear ceiling height of [Height] feet, [Specify Truck Courts (e.g., shared, dedicated)], and [Specify Racking or Shelving Systems (e.g., existing, none)].

Option A: The Premises includes exterior storage or yard area of approximately [Square Footage] square feet, as depicted on Exhibit A attached hereto. Option B: The Premises does not include any exterior storage or yard area.

Use of Premises

The Premises shall be used and occupied by Tenant solely for the purpose of [Specify Primary Use, e.g., warehousing and storage of goods], and other permitted uses including [List Permitted Uses, e.g., logistics, light manufacturing, distribution].

Tenant shall not use the Premises for any purpose that violates any applicable local zoning ordinances, environmental regulations, the Florida Building Code, or any other applicable law. Prohibited activities include, but are not limited to, [List Prohibited Activities, e.g., retail sales, residential use, activities involving hazardous materials without Landlord's prior written consent and compliance with applicable regulations].

The Premises is zoned [Local Zoning Classification].

Option A: Tenant shall have access to the following utilities: power, water, sewer, fire suppression system, sprinklers, and internet access. Option B: Tenant is responsible for establishing and maintaining all utility services at its own cost and expense, excluding [Landlord Provided Utilities, e.g., water].

Option A: The Premises includes temperature and humidity controls, including [Specify Type, e.g., cold storage, climate-controlled areas], maintained at [Temperature Range]. Option B: The Premises does not include any temperature or humidity controls.

Option A: Tenant may handle hazardous materials on the Premises, subject to compliance with all applicable Florida Department of Environmental Protection (DEP) and Environmental Protection Agency (EPA) standards, and Landlord's prior written consent. Tenant shall provide Landlord with copies of all permits and approvals related to hazardous materials. Option B: Tenant is strictly prohibited from handling any hazardous materials on the Premises without Landlord's prior written consent and compliance with applicable regulations.

Access and Common Areas

The Premises includes the exclusive use of the areas described in Section 1, and non-exclusive use of common areas, including [List Common Areas, e.g., loading docks, truck courts, parking areas].

Tenant shall have access to the Premises [Hours of Access, e.g., 24 hours a day, 7 days a week].

Option A: Tenant shall be provided with [Number] parking spaces for trucks and/or vehicles. Option B: Parking shall be on a first-come, first-served basis.

The Premises is equipped with the following security features: [List Security Features, e.g., alarm system, security cameras, perimeter fencing].

Tenant shall comply with all operational restrictions imposed by local ordinances, including [List Operational Restrictions, e.g., noise restrictions, hours of operation].

Lease Term

The term of this Lease shall commence on [Rent Commencement Date] (the "Commencement Date") and shall expire on [Expiration Date] (the "Expiration Date"), unless sooner terminated as provided herein.

Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term, e.g., five (5) years] each, provided Tenant gives Landlord written notice of its intention to renew at least [Number] days prior to the Expiration Date. The rent for the renewal term shall be [Specify Rent Escalation Clause, e.g., determined by mutual agreement, increased by CPI, fixed percentage increase]. Option B: There are no renewal options for this lease.

Option A: Tenant shall have the right to terminate this Lease early by providing Landlord with [Number] days' written notice and paying a termination fee equal to [Amount or Formula, e.g., three (3) months' rent]. Option B: Early termination is only permitted as outlined in Florida Statute §83.

If Tenant remains in possession of the Premises after the Expiration Date without a written agreement, such holdover shall be considered a month-to-month tenancy subject to all the terms and conditions of this Lease, except that the monthly rent shall be increased to [Percentage or Amount, e.g., 150%] of the then-current monthly rent.

Rent and Payments

The monthly base rent for the Premises shall be [Monthly Base Rent Amount], payable in advance on the first day of each month, commencing on the Commencement Date.

Option A: The monthly base rent shall escalate as follows: [Specify Escalation Clause, e.g., CPI increase annually, fixed percentage increase annually]. Option B: The monthly base rent shall remain fixed for the entire Lease Term.

In addition to the base rent, Tenant shall pay its proportionate share of Common Area Maintenance (CAM) charges. Tenant's proportionate share shall be [Percentage] of the total CAM charges. CAM charges may include, but are not limited to, [List Included Expenses, e.g., landscaping, maintenance of common areas, security].

Option A: This is a "triple net" lease, and Tenant shall also pay its proportionate share of real estate taxes and insurance premiums for the property. Option B: This is a "gross" lease, and Landlord shall pay real estate taxes and insurance premiums for the property. Option C: This is a "modified gross" lease, and Tenant shall pay its proportionate share of real estate taxes and insurance premiums exceeding [Base Year or Amount].

Tenant shall pay all utilities, including [List Utilities, e.g., electricity, water, gas], directly to the utility providers.

Rent and other charges shall be payable to Landlord at [Payment Address] or by [Payment Method, e.g., check, wire transfer].

If rent is not paid within [Number] days of the due date, a late fee of [Late Fee Amount or Percentage, ensuring compliance with Florida law] shall be assessed.

Tenant shall deposit with Landlord a security deposit in the amount of [Security Deposit Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease. The security deposit shall be returned to Tenant within [Number] days after the termination of this Lease, less any amounts necessary to cover damages to the Premises or unpaid rent, in accordance with Florida law.

Landlord's Lien, Insurance, and Abatement

Landlord shall have a lien on Tenant’s personal property located on the Premises to secure the payment of rent, as permitted under Florida Statute §83.08.

Tenant shall maintain property insurance on its personal property and business interruption insurance.

Tenant shall maintain commercial general liability insurance with coverage limits of at least [Coverage Amount] per occurrence and [Coverage Amount] in the aggregate, naming Landlord as an additional insured. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage.

Landlord shall maintain commercial property insurance on the building.

In the event the Premises are rendered untenantable due to fire or other casualty, rent shall abate proportionally to the extent the Premises are untenantable, until the Premises are restored to a tenantable condition.

Repair and Maintenance

Landlord shall be responsible for the repair and maintenance of the roof, structural components of the building, and exterior walls.

Tenant shall be responsible for the repair and maintenance of all non-structural components of the Premises, including but not limited to interior walls, doors, windows, and fixtures.

Tenant shall be responsible for the maintenance and repair of the HVAC system, loading equipment, and fire systems. Tenant shall maintain a service contract for these systems.

Tenant shall be responsible for pest control services.

Landlord shall be responsible for code-required upgrades unless said upgrades are necessitated by Tenant’s specific use of the Premises.

Tenant shall promptly report any damage or disrepair to the Landlord. Landlord shall respond to such reports within [Number] days.

Tenant shall be responsible for hurricane preparation of their own items within the Premises. Landlord shall maintain the structural integrity of the building in accordance with Florida building codes.

Alterations and Improvements

Tenant shall not make any alterations, improvements, or build-outs to the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.

All alterations and improvements shall be performed in a good and workmanlike manner, in compliance with all applicable building codes and regulations, and at Tenant's sole cost and expense. Tenant is responsible for obtaining all necessary permits.

Upon the expiration or termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed to in writing by Landlord.

Option A: Landlord may require Tenant to remove all alterations and improvements upon termination of the Lease. Option B: All alterations and improvements shall become the property of the Landlord upon termination of the Lease.

Tenant shall conduct an environmental due diligence assessment (Phase I) before commencing any alterations or improvements that may impact the environment. Tenant shall indemnify Landlord for any contamination or hazardous waste caused by Tenant's actions.

Compliance with Laws

Tenant shall comply with all applicable Florida and local laws, including the Americans with Disabilities Act (ADA) as modified by Florida law, local fire and safety codes, OSHA regulations, and any municipal business licensing or operating permits necessary for Tenant's use of the Premises.

Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.

Option A: Landlord’s consent shall not be required for assignment to a Tenant affiliate. Option B: Any assignment or subletting shall be subject to Landlord's right to recapture the Premises.

Delivery of Possession

Landlord shall deliver possession of the Premises to Tenant on the Commencement Date.

Option A: The Premises is delivered "as-is." Option B: The Premises will be delivered in "broom clean" condition. Option C: Landlord shall complete the following tenant improvements before delivering possession: [List Tenant Improvements].

Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to Tenant's use of the Premises, except to the extent caused by Landlord's gross negligence or willful misconduct.

Inspection and Entry

Landlord shall have the right to enter the Premises at reasonable times to inspect the Premises, make necessary repairs, or show the Premises to prospective tenants or purchasers, upon providing Tenant with [Number] hours' prior notice, except in the case of an emergency.

Casualty and Condemnation

If the Premises are damaged by fire or other casualty to the extent that they are rendered untenantable, Tenant shall have the right to terminate this Lease by providing Landlord with written notice within [Number] days of the casualty.

If the Premises are substantially damaged, Landlord shall have the option to terminate this Lease or to repair the Premises. If Landlord elects to repair the Premises, rent shall abate proportionally to the extent the Premises are untenantable until the repairs are completed.

If the Premises are taken by eminent domain, this Lease shall terminate.

Default

If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall provide Tenant with written notice of the default and [Number] days to cure the default, in accordance with Florida law.

If Tenant fails to cure the default within the cure period, Landlord may terminate this Lease and pursue all available remedies, including eviction and recovery of damages, in accordance with Florida law (Chapters 83 and 61J2 of the Florida Statutes).

Landlord shall have the right to accelerate rent upon Tenant's default, as permitted by Florida law. Landlord shall also have a statutory lien on Tenant's personal property located on the Premises.

Move-In and Move-Out

Tenant shall conduct a move-in inspection of the Premises with Landlord prior to taking possession. A written record of the inspection shall be signed by both parties.

Upon the expiration or termination of this Lease, Tenant shall surrender the Premises in the same condition as received, reasonable wear and tear excepted. Tenant shall remove all personal property from the Premises.

Landlord shall return the security deposit to Tenant within [Number] days after the termination of this Lease, less any amounts necessary to cover damages to the Premises or unpaid rent, in accordance with Florida law. Landlord shall provide Tenant with a written statement of any deductions from the security deposit.

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Lease through good faith negotiations.

If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [County Name] County, Florida.

If mediation is unsuccessful, either party may initiate litigation in the courts of [County Name] County, Florida.

The parties waive their right to a jury trial in any action arising out of or relating to this Lease.

The prevailing party in any litigation arising out of or relating to this Lease shall be entitled to recover its reasonable attorney's fees and costs.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of Florida.

Tax Allocation

Tenant shall be responsible for paying its proportionate share of real estate taxes, calculated as described in Section 5.

Tenant shall be responsible for paying Florida sales and use tax on the rent, as required by the Florida Department of Revenue (currently up to 4.5% state and local surtax). Tenant shall collect, remit, and disclose the sales tax to the Florida Department of Revenue.

Tenant shall be responsible for paying tangible personal property tax on its personal property located on the Premises.

Insurance Waiver of Subrogation

Landlord and Tenant hereby waive all rights of subrogation against each other for any loss or damage to the extent covered by insurance.

Tenant shall provide Landlord with updated certificates of insurance upon request.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease to the extent such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, hurricanes, floods, or other natural disasters.

Building Improvements

Landlord shall have the right to comply with any local building or fire safety improvements mandated by Florida authorities.

Option A: The costs of such improvements shall be passed on to Tenant as additional rent. Option B: The costs of such improvements shall be borne solely by Landlord.

Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to be duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier to the addresses set forth above. Notices may also be sent by email, provided that a hard copy is also sent by one of the other methods described above.

Controlling Language

In the event of any conflict between this English-language version of this Lease and any translation of this Lease, the English-language version shall control.

Disclosures

Option A: Landlord discloses that the Premises has a history of [Disclose Prior Contamination, Flooding History, Material Building Defects, or Historical Hurricane Damage]. Option B: Landlord discloses that the Premises has no known history of contamination, flooding, material building defects, or hurricane damage.

Green Building Specifications

Option A: The property adheres to the following Green Building specifications: [Specify Specifications, e.g., LEED certified, solar panels]. Option B: The property does not adhere to any specific Green Building specifications.

Industry Regulations

Tenant acknowledges that compliance with applicable local industry regulations is required for its specific operations on the Premises, including but not limited to any necessary licenses and U.S. Customs or bonded warehouse requirements. Tenant assumes full responsibility for adherence to these regulations.

Pest, Rodent, and Environmental Hazard Control

Tenant shall maintain the Premises in a sanitary condition, in compliance with all health and environmental regulations, and is responsible for general pest and rodent control measures. The landlord shall be responsible for addressing any significant infestation or environmental hazard issue impacting the structural integrity of the property.

Emergency Entry and Incident Reporting

Landlord reserves the right to enter the premises in case of any emergency. Tenant is obligated to promptly report all incidents related to property damage or liability to both the landlord and insurance provider.

Eviction and Enforcement

In the event that Tenant defaults under this agreement and an eviction becomes necessary, Landlord will proceed in accordance with applicable Florida Statutes, and shall be entitled to recover attorney’s fees and all costs associated with the eviction process.

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

Landlord:

____________________________

[Landlord's Full Legal Name]

By: ____________________________

[Landlord's Printed Name]

Title: [Landlord's Title]

Tenant:

____________________________

[Tenant's Full Legal Name]

By: ____________________________

[Tenant's Printed Name]

Title: [Tenant's Title]