Georgia warehouse lease agreement template

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How Georgia warehouse lease agreement Differ from Other States

  1. Georgia law allows for broader freedom of contract in commercial leases, often enforceable even if strict terms differ from residential standards.

  2. Georgia requires specific language for waiver of landlord duties, such as notice requirements before lease termination, which may be stricter or different in other states.

  3. Warehouse tenants in Georgia may benefit from unique state rules regarding limitation of landlord liability for property damage, unlike some other states.

Frequently Asked Questions (FAQ)

  • Q: Does a Georgia warehouse lease need to be notarized?

    A: No, notarization is not required for validity, but notarizing may help in recording or if enforceability is challenged.

  • Q: Are there specific notice requirements for terminating a warehouse lease in Georgia?

    A: Yes, Georgia law typically requires prior written notice specified in the lease or, if absent, statutory notice periods apply.

  • Q: What disclosures are required in a Georgia warehouse lease?

    A: Georgia may require disclosure of hazardous substances, recent flooding, and specific landlord-tenant obligations in the lease.

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Georgia Warehouse Lease Agreement

This Georgia Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], a [Landlord's Business Entity Type, e.g., Georgia Limited Liability Company], with a principal place of business at [Landlord's Full Address] (hereinafter referred to as "Landlord"), and [Tenant's Full Legal Name], a [Tenant's Business Entity Type, e.g., Georgia Corporation], with a principal place of business at [Tenant's Full Address] (hereinafter referred to as "Tenant"). If applicable, Landlord's Georgia Registered Agent is [Landlord's Registered Agent Name] located at [Landlord's Registered Agent Address]; Tenant's Georgia Registered Agent is [Tenant's Registered Agent Name] located at [Tenant's Registered Agent Address].

1. Leased Premises

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises (the "Premises") located at [Full Street Address of Warehouse], [City], [County], Georgia, with Parcel ID: [Parcel ID Number].

  • Detailed Description:
    • The Premises consists of approximately [Total Square Footage] square feet, of which approximately [Usable Square Footage] square feet is usable warehouse space.
    • The Premises includes [Number] dock(s) and loading bay(s) located at [Location of Docks/Loading Bays].
    • The ceiling height is [Ceiling Height] feet with clear span dimensions of [Clear Span Dimensions].
    • The floor load capacity is [Floor Load Capacity] pounds per square foot.
    • Office areas within the warehouse comprise approximately [Office Square Footage] square feet.
    • [ ] Racking or shelving is included (See Exhibit [Exhibit Letter])
    • [ ] Refrigeration capability is present. (See Exhibit [Exhibit Letter])
    • [ ] Exterior storage or yard space is included, consisting of approximately [Square Footage] square feet, as depicted in Exhibit [Exhibit Letter].
    • Tenant is allocated [Number] parking spaces, including [Number] truck parking spaces.
    • The truck turnaround radius is [Turnaround Radius] feet.
    • [ ] Access to rail spurs is available.
    • [ ] Fenced or secure storage areas are included.
    • [ ] The Premises includes the following additional buildings or outdoor facilities: [Description of Additional Buildings/Facilities].
  • Exhibits:
    • Exhibit [Exhibit Letter]: Site Plan Diagram
    • Exhibit [Exhibit Letter]: As-Built Floor Plans
    • Exhibit [Exhibit Letter]: Photographs of Premises

2. Common Areas and Amenities

  • The Premises is for the exclusive use of Tenant, subject to Landlord's rights as described herein.
  • Tenant shall have the right to use the following common areas: driveways, loading zones, and shared bathrooms.
  • Building-wide amenities include: fire suppression system, security system, HVAC, WiFi, maintenance facilities, backup generator, and sprinkler system.
  • Landlord retains the right to access the Premises for inspections, repairs, and emergencies, as described in Section 14.

3. Permitted Use

  • Option A: The Premises shall be used solely for lawful warehouse operations, including the storage and distribution of [Describe Goods]. SIC Code: [SIC Code], NAICS Code: [NAICS Code].
  • Option B: The Premises shall be used solely for lawful warehouse operations, generally consistent with standards outlined in Georgia Code relating to warehousing activities. Tenant agrees to provide a complete list of all goods to be stored on the premises, which shall be updated no less than annually.
  • The Premises shall not be used for retail sales, manufacturing, residential purposes, or any other unauthorized use.
  • Tenant shall comply with all applicable Georgia and local zoning, planning, and fire codes, health and safety ordinances, and hazardous material restrictions.

4. Compliance with Laws and Regulations

  • Tenant shall obtain all necessary business licenses and permits for warehouse use and provide copies to Landlord for review.
  • Tenant shall comply with all applicable Georgia and local laws, including O.C.G.A. Title 25 (Fire Protection and Safety), EPA and Georgia EPD warehouse-related requirements, OSHA regulations, and state ag/food codes (if applicable).

5. Subletting and Assignment

  • Option A: Tenant shall not sublet, assign, or license the Premises without Landlord's prior written consent, which consent may be withheld in Landlord’s sole discretion.
  • Option B: Tenant shall not sublet, assign, or license the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.
  • This restriction includes third-party storage service providers or brokers.

6. Lease Term

  • Option A: The lease term shall be for a fixed period of [Number] years, commencing on [Start Date] and expiring on [End Date].
  • Option B: The lease term shall commence on [Start Date] and shall automatically renew for successive [Number] year terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
  • Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such holding over shall be a tenancy at sufferance, subject to the provisions of O.C.G.A. § 44-7-33. The monthly rent during any holdover period shall be [Percentage]% of the then-current monthly rent.

7. Rent

  • Base Rent: The monthly base rent shall be [Dollar Amount], payable in advance on the [Day] day of each month, commencing on [Start Date].
  • Option A: Rent increases shall be [Percentage]% annually.
  • Option B: Rent shall increase annually based on the Consumer Price Index (CPI).
  • Security Deposit: Tenant shall pay a security deposit of [Dollar Amount], which shall be held by Landlord in accordance with O.C.G.A. § 44-7-30 et seq.
  • Payment Method: Rent shall be paid by [Payment Method] to [Payee Information].
  • Late Fees: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.
  • Returned Check Fee: A fee of [Dollar Amount] shall be charged for any returned check.
  • CAM Charges: Tenant shall pay [Percentage]% of Common Area Maintenance (CAM) charges, including [List Included Services].

8. Utilities and Taxes

  • Tenant shall be responsible for the following utilities: water, sewer, electricity, gas, internet, and trash removal.
  • Tenant shall be responsible for payment of stormwater fees.
  • Landlord shall be responsible for property taxes.
  • [ ] Tenant shall reimburse landlord for any increase in property taxes that may be incurred due to tenant's use of the premises.
  • [ ] Tenant shall be responsible for property taxes.
  • [ ] Tenant shall reimburse Landlord for [Percentage]% of property taxes.

9. Insurance

  • Tenant shall maintain property insurance, general liability insurance (with minimum coverage of [Dollar Amount] and Landlord named as an additional insured), and specialized insurance for goods held in storage, business interruption, and for equipment or vehicles on site.
  • Tenant shall provide current insurance certificates to Landlord upon request and upon renewal.
  • Tenant shall comply with all applicable Georgia insurance regulations.

10. Repair and Maintenance

  • Landlord shall be responsible for the following: roof, structural elements.
  • Tenant shall be responsible for the following: docking systems, HVAC, loading equipment, fire suppression, landscaping, parking lot resurfacing, pest control, interior maintenance, and general upkeep of the Premises.
  • Tenant shall report any property damage, malfunction, or environmental hazards to Landlord immediately.

11. Tenant Improvements

  • Option A: Tenant shall not make any improvements or modifications to the Premises without Landlord's prior written consent.
  • Option B: Tenant may make improvements or modifications to the Premises with Landlord's prior written consent, which shall not be unreasonably withheld.
  • All improvements shall comply with local building permits and inspection sign-offs.
  • At the end of the lease term, Tenant shall [Restore/Not Restore] the Premises to its original condition, including the removal of any fixtures, racking systems, or building-integrated equipment.

12. Hazardous Materials

  • Tenant shall comply with all applicable Georgia environmental laws regarding the handling, storage, disposal, or accidental release of hazardous materials, including O.C.G.A. § 12-8-90 et seq.
  • Tenant shall notify Landlord immediately of any hazardous material incidents.
  • Tenant shall indemnify Landlord for any violations or clean-up costs related to hazardous materials.

13. Landlord's Access

  • Landlord shall have the right to inspect the Premises, monitor operations, and access the Premises in case of emergency.
  • Landlord shall provide Tenant with reasonable notice (at least [Number] hours) prior to entry, except in cases of emergency.

14. Move-In and Move-Out

  • Tenant shall accept the Premises "as-is" with a detailed inventory and report of pre-existing conditions.
  • Upon move-out, Tenant shall clean the Premises, remove all goods, repair any damage not due to reasonable wear and tear, and return all keys and access cards.
  • Any abandoned personal property shall be disposed of in accordance with O.C.G.A. § 44-7-55.

15. Security Deposit

  • The security deposit shall be held by Landlord in accordance with O.C.G.A. § 44-7-31.
  • Landlord may deduct from the security deposit for damages, unpaid rent, or other breaches of this Agreement.
  • Landlord shall return the security deposit (less any deductions) within [Number] days of the termination of the lease, along with an itemized statement of deductions.

16. Default and Remedies

  • If Tenant defaults on any provision of this Agreement, Landlord shall provide written notice and a [Number] day cure period, in line with O.C.G.A. § 44-7-50.
  • Landlord may pursue remedies including summary dispossessory proceedings, right to lockout, recovery of damages, or mitigation of losses.

17. Indemnification

Tenant shall indemnify Landlord against any claims, losses, or damages arising from Tenant's use of the Premises, including product loss, contamination, fire, personal injury, and theft.

18. Casualty

  • In the event of fire, tornado, or other major damage, rent shall be abated proportionally to the extent the Premises is unusable.
  • If the Premises is rendered completely unusable, either party may terminate this Agreement.

19. Dispute Resolution

  • Any disputes arising from this Agreement shall be resolved through negotiation, mediation, or arbitration.
  • Venue for any legal action shall be in the county where the Premises is located.
  • This Agreement shall be governed by the laws of the State of Georgia.

20. Tax Provisions

  • Landlord is responsible for property taxes.
  • Tenant is responsible for sales tax on rent (if applicable).

21. Landlord's Representations

Landlord represents that it has good title to the Premises, there are no undisclosed liens, utility service capacity is adequate, the Premises is in compliance with all applicable codes, and there are no known environmental conditions (including lead, asbestos, or prior contamination).

22. Additional Provisions

  • Tenant shall comply with all changes to state and local laws and regulations during the lease term.
  • [ ] Limitations on hours of operation.
  • [ ] Signage rights according to zoning.
  • [ ] Business continuity and data retention.

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

[Landlord's Full Legal Name]

By: [Landlord's Authorized Representative Name]

Title: [Landlord's Representative Title]

[Tenant's Full Legal Name]

By: [Tenant's Authorized Representative Name]

Title: [Tenant's Representative Title]

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