Indiana warehouse lease agreement template

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How Indiana warehouse lease agreement Differ from Other States

  1. Indiana lease agreements must comply with specific state statutes, including unique disclosure requirements not found in all states.

  2. Indiana law distinctly addresses property tax responsibilities; tenants in Indiana may have separate tax liabilities compared to other states.

  3. Eviction and remedy processes under Indiana law can differ significantly, with varied timelines and requirements compared to other jurisdictions.

Frequently Asked Questions (FAQ)

  • Q: Does the Indiana warehouse lease need to be notarized?

    A: Notarization is not required for validity, but it can add legal protections and help resolve disputes if they arise.

  • Q: Who pays property taxes under an Indiana warehouse lease?

    A: Responsibility for property taxes is negotiable but must be clearly stated in the lease; Indiana law enforces these provisions.

  • Q: Are there special disclosure requirements for Indiana warehouse leases?

    A: Yes, Indiana law requires landlords to disclose certain environmental and safety conditions within the lease agreement.

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Indiana Warehouse Lease Agreement

This Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name] ("Landlord"), whose address is [Landlord's Address] and, if applicable, whose business registration details are [Landlord's Business Registration Details], and [Tenant's Full Legal Name] ("Tenant"), whose address is [Tenant's Address] and, if applicable, whose business registration details are [Tenant's Business Registration Details].

1. Premises

  • The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse space (the "Premises") located at [Street Address], [City, Indiana], legally described as [Legal Description of Property], with Parcel Number [Parcel Number], and as depicted on the attached site plan (Exhibit A).
  • Description of the Premises:
    • Total Square Footage: [Square Footage]
    • Clear Ceiling Height: [Ceiling Height]
    • Loading Dock Configuration: [Loading Dock Configuration]
    • Door Sizes and Types: [Door Sizes and Types]
    • Number of Bays: [Number of Bays]
    • Floor Load Capacity: [Floor Load Capacity]
    • Racking/Mezzanine Information: [Racking/Mezzanine Information]
    • Sprinkler/Alarm/Fire Suppression System Details: [Sprinkler/Alarm/Fire Suppression System Details]
    • HVAC Specifications: [HVAC Specifications]
    • Office Areas: [Description of Office Areas]
    • Bathrooms: [Number and Location of Bathrooms]
    • Site Circulation: [Description of Site Circulation]
    • Parking Allocation (Cars): [Number of Car Parking Spaces]
    • Parking Allocation (Trucks): [Number of Truck Parking Spaces]
    • Yard/Outdoor Storage Rights: [Description of Yard/Outdoor Storage Rights]
    • Truck/Trailer Access: [Description of Truck/Trailer Access]
    • Utility Infrastructure (Power): [Power Amperage]
    • Utility Infrastructure (Lighting): [Lighting Description]
    • Utility Infrastructure (Water/Sewer): [Water/Sewer Details]
    • Utility Infrastructure (Fiber/Internet): [Fiber/Internet Details]

2. Permitted Use

  • The Premises shall be used solely for warehouse, storage, and distribution purposes, as permitted by applicable Indiana zoning regulations.
  • Tenant shall comply with all applicable municipal and Indiana commercial use codes, local environmental and hazardous materials laws, and any special licensing or occupancy permits relevant to warehousing operations.
  • Option A: No other uses are permitted without Landlord’s prior written consent.
  • Option B: Tenant may use the Premises for light assembly, provided such use complies with all applicable laws and does not create any nuisance.
  • Unauthorized changes of use, manufacturing operations beyond the permitted scope, or residential use are strictly prohibited.

3. Term

  • The term of this Lease shall commence on [Start Date] ("Commencement Date") and expire on [End Date] ("Expiration Date").
  • Option A: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the Expiration Date. The rent for the renewal term shall be determined as follows: [Rent Escalation Method].
  • Option B: No Renewal Option. This Lease shall terminate on the Expiration Date without further notice.
  • Option C: Early Termination. Tenant shall have the right to terminate this Lease prior to the Expiration Date by providing [Number] months' written notice to Landlord and paying a termination fee of [Amount].

4. Rent

  • The base rent for the Premises shall be [Amount] per square foot per year, payable in monthly installments of [Monthly Rent Amount], due on the [Day] of each month, beginning on the Commencement Date.
  • Option A: Rent Escalation. The rent shall increase annually by [Percentage]%.
  • Option B: Rent Escalation. The rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Area].
  • Payment Methods: Acceptable payment methods are [List Payment Methods].
  • Late Payment: If rent is not received within [Number] days of the due date, a late fee of [Amount] shall be charged, and interest shall accrue on the overdue amount at a rate of [Percentage]% per annum, in accordance with Indiana usury laws.

5. Security Deposit

  • Tenant shall deposit with Landlord a security deposit of [Amount], to be held by Landlord as security for the performance of Tenant's obligations under this Lease.
  • The security deposit may be used to cover damages to the Premises, unpaid rent, or other costs incurred by Landlord as a result of Tenant’s default.
  • Landlord shall return the security deposit to Tenant within [Number] days after the termination of this Lease, less any deductions for permitted purposes, in accordance with Indiana statutory requirements. Interest on security deposit if required shall follow Indiana escheatment laws.

6. Operating Expenses

  • Allocation of Responsibility:
    • Option A: Tenant shall be responsible for the following utilities: [List of Utilities]. Landlord shall be responsible for property taxes, insurance premiums, and common area maintenance (CAM) charges.
    • Option B: Tenant shall be responsible for all utilities, property taxes, insurance premiums, and CAM charges. CAM charges are estimated to be [Amount] per square foot per year.

7. Repairs and Maintenance

  • Landlord's Responsibilities: Landlord shall be responsible for maintaining the structure, roof, foundation, building envelope, and common systems of the Premises.
  • Tenant's Responsibilities: Tenant shall be responsible for maintaining the internal premises, doors, dock equipment, racking (if any), sanitation, and equipment.
  • Tenant shall promptly notify Landlord of any damage to the Premises.

8. Alterations and Improvements

  • Tenant shall not make any alterations or improvements to the Premises without Landlord’s prior written consent.
  • Any alterations or improvements shall be at Tenant's sole expense and shall comply with all applicable codes and regulations.
  • Option A: All alterations and improvements shall become the property of Landlord upon the termination of this Lease.
  • Option B: Tenant shall have the right to remove any trade fixtures upon the termination of this Lease, provided Tenant restores the Premises to its original condition, normal wear and tear excepted.

9. Insurance

  • Tenant shall maintain liability insurance with minimum indemnity limits of [Amount], business interruption insurance, and any other insurance required by Landlord.
  • Landlord shall maintain building insurance for the Premises.
  • Each party shall obtain a waiver of subrogation from its insurer.
  • Tenant shall provide Landlord with proof of insurance coverage upon request.

10. Compliance with Laws

  • Tenant shall comply with all applicable Indiana and municipal ordinances relating to commercial fire safety, environmental health, accessibility, stormwater management, truck traffic, and local nuisance laws.

11. Subleasing and Assignment

  • Tenant shall not sublease the Premises or assign this Lease without Landlord’s prior written consent, which may be withheld in Landlord's sole discretion, referencing Indiana Code (IC 32-31-1, etc.).

12. Default

  • If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have the right to pursue all available remedies under Indiana law, including eviction, right to cure, and repossession, in accordance with Indiana notice and dispossession rules (referencing IC 32-31 series).

13. Indemnification

  • Tenant shall indemnify and hold Landlord harmless from any claims, damages, or liabilities arising from Tenant’s use of the Premises.

14. Hazardous Materials

  • Tenant shall not store or use any hazardous materials on the Premises without Landlord’s prior written consent and shall comply with all applicable environmental laws and regulations. Tenant shall obtain and maintain required warehouse environmental permits or EPA registrations if handling regulated substances.

15. Access

  • Landlord shall have the right to enter the Premises for inspections or emergency repairs, upon reasonable notice to Tenant, as required by Indiana law.

16. Dispute Resolution

  • Any disputes arising under this Lease shall be resolved through negotiation, then mediation or Indiana-based arbitration.
  • This Lease shall be governed by the laws of the State of Indiana, and exclusive jurisdiction shall be in the courts of Indiana.

17. Move-In/Move-Out

  • Tenant shall surrender the Premises in the same condition as received, normal wear and tear excepted, upon the termination of this Lease. Tenant is responsible for removal of trade fixtures, with Indiana definition of trade vs. permanent improvements.
  • Tenant shall be responsible for removing all personal property from the Premises upon the termination of this Lease.
  • Landlord shall return the security deposit to Tenant, per timing and withholding restrictions under Indiana law.

18. Taxes

  • Landlord shall be responsible for paying Indiana real estate taxes.
  • Tenant shall be responsible for paying Indiana business personal property tax on inventory and equipment.

19. 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 but not limited to acts of God, war, terrorism, supply chain disruptions, utility outages, or government closure orders.

20. Entire Agreement

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

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

Landlord:

____________________________

[Landlord's Full Legal Name]

____________________________

[Landlord's Signature]

Tenant:

____________________________

[Tenant's Full Legal Name]

____________________________

[Tenant's Signature]

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