Iowa warehouse lease agreement template

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How Iowa warehouse lease agreement Differ from Other States

  1. Iowa law imposes specific duties on landlords regarding property maintenance and compliance with health and safety codes, which are detailed in state statutes.

  2. Unlike many states, Iowa requires detailed disclosures about environmental hazards, such as lead-based paint, in warehouse lease agreements.

  3. Iowa's default remedies and notice period for lease termination differ, with specific statutory guidance on eviction and dispute resolution.

Frequently Asked Questions (FAQ)

  • Q: Do warehouse leases in Iowa require written agreements?

    A: Yes, it is strongly advised to have a written warehouse lease in Iowa to ensure legal enforceability and clarity.

  • Q: Are there unique landlord obligations in Iowa warehouse leases?

    A: Yes, Iowa law mandates that landlords must maintain the property in a safe, sanitary condition and follow state safety codes.

  • Q: What disclosures are required in an Iowa warehouse lease?

    A: Disclosure of known environmental hazards, such as lead-based paint, is required by Iowa law for warehouse leases.

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Iowa Warehouse Lease Agreement

This Iowa Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date of Signing], by and between [Landlord Legal Name], a [Landlord Business Status, e.g., Iowa Limited Liability Company], with its principal place of business at [Landlord Address] ("Landlord"), and [Tenant Legal Name], a [Tenant Business Status, e.g., Iowa Corporation], with its principal place of business at [Tenant Address] ("Tenant").

Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse space located at [Street Address, Building Number], in [City], [County] County, Iowa, legally described as [Legal Property Description] (the "Premises").

The Premises consists of approximately [Warehouse Square Footage] square feet of warehouse space with a clear height of [Clear Height]. The Premises includes [Number] loading docks/doors, each [Size], with [Type of Loading, e.g., dock-high] loading. Access to the Premises is available via [Access Points]. The Premises [includes/does not include] [Office Square Footage] square feet of office build-out.

The Tenant shall have exclusive use of [Exclusive Yard/Parking Areas] and shared use of [Shared Yard/Parking Areas]. [Included/Not Included] Outdoor storage area of approximately [Square Footage] square feet.

Use of Premises

The Premises shall be used solely for [Permitted Use, e.g., industrial, logistics, storage, manufacturing] purposes, as permitted under Iowa zoning and municipal codes.

Prohibited Uses: The Premises shall not be used for [Prohibited Uses, e.g., retail, residential, hazardous material storage beyond legal limits].

Tenant shall be responsible for obtaining and maintaining all required Iowa and local operation permits, licenses, and fire code certificates necessary to operate its business on the Premises.

Lease Term

The lease term shall commence on [Start Date] and expire on [End Date], unless sooner terminated as provided herein.

Renewal Option:

Option A: Tenant shall have the option to renew this lease for one (1) additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the initial term. The rental rate for the renewal term shall be [Renewal Rate or Formula].

Option B: No renewal option.

Holdover: If Tenant remains in possession of the Premises after the expiration of the lease term, such holdover shall be construed as a month-to-month tenancy, subject to all the terms and conditions of this Agreement, except that the monthly rent shall be [Holdover Rent Amount or Formula].

Early Termination:

Option A: Tenant may terminate this Lease early by providing Landlord with [Number] months written notice and paying a termination fee equal to [Termination Fee Amount or Formula].

Option B: There is no provision for early termination.

Option C: Early termination is allowed in the event of [Specify Iowa-Specific Disaster or Condition].

Rent

Base Rent: The base rent for the Premises shall be [Base Rent Amount] per [Month/Year], payable in advance on the first day of each month.

Method of Payment: Rent shall be paid to Landlord at [Landlord Address for Rent Payment] or such other place as Landlord may designate in writing.

Iowa Sales Tax: [Landlord/Tenant] is responsible for any applicable Iowa sales or local taxes on rent.

Base Year/CAM Charges:

Option A: Base rent includes common area maintenance (CAM) charges.

Option B: Tenant shall pay its pro rata share of CAM charges, which will be calculated based on [Calculation Method, e.g., square footage of the Premises relative to the total square footage of the building]. The base year for CAM charges is [Base Year].

Escalation: The base rent shall be increased annually on each anniversary of the commencement date by [Escalation Percentage or Formula].

Late Fee: In accordance with Iowa Code Section 535.2A, a late fee of [Late Fee Amount or Percentage] shall be charged for rent payments received more than [Number] days after the due date.

Notice of Nonpayment: Landlord shall provide Tenant with written notice of nonpayment before assessing any late fees.

Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Security Deposit Amount]. The security deposit shall be held and returned in accordance with Iowa law.

Additional Rent: Tenant shall pay as additional rent all charges for [Excess Utilities, Special Services].

Taxes and Assessments

Property Taxes: [Landlord/Tenant] shall be responsible for the payment of all property taxes and assessments levied against the Premises, including any Iowa property tax proration.

Tax Appeals: [Landlord/Tenant] shall have the right to appeal property tax assessments.

Maintenance and Repair

Landlord's Responsibilities: Landlord shall be responsible for the maintenance, repair, and replacement of the following: structural components (roof, shell, slab, foundation, walls), HVAC system, plumbing, and fire suppression/alarm system. Landlord is responsible for capital repairs.

Tenant's Responsibilities: Tenant shall be responsible for routine repairs, snow and ice removal (in compliance with local Iowa ordinances), landscaping, pest control, and annual building inspections required by Iowa fire authorities. Tenant is responsible for the maintenance, repair, and replacement of overhead doors and dock levelers.

Utilities

Tenant shall be responsible for the payment of all utilities used at the Premises, including water, sewer, gas, electric, telecommunications, recycling/waste disposal, and stormwater management. Tenant shall comply with all Iowa Department of Natural Resources requirements regarding sewer and water.

Utilities are [metered separately/sub-metered/included in rent].

Tenant Improvements

Tenant Improvements: Tenant [is/is not] permitted to make tenant improvements, including fit-out, racking, or mezzanine build. All such improvements shall be subject to Landlord's written consent and compliance with Iowa building code permit requirements.

Restoration: At the end of the lease term, Tenant shall [restore the Premises to its original condition/leave the improvements].

Delivery of Possession

The Premises shall be delivered to Tenant on [Delivery Date] in clean, pest-free, and code-compliant condition.

Landlord shall provide an inventory/fixture list prior to delivery.

Tenant shall have access to the Premises prior to the term for fixturization, subject to Landlord's approval.

A walk-through inspection with a photographic record shall be conducted upon delivery of possession.

Landlord's Access

Landlord shall have the right to access the Premises for inspection, repair, showing to potential buyers/tenants, or emergencies, in compliance with Iowa law. Except in cases of emergency, Landlord shall provide Tenant with reasonable notice prior to entry.

Compliance with Laws

Tenant shall comply with all applicable federal, Iowa, county, and city laws, including zoning, safety, OSHA, fire code, and hazardous materials regulations. Tenant shall notify Landlord of any legal violations, spills, or regulatory citations.

Hazardous Materials

Tenant shall comply with all applicable laws and regulations relating to the use, storage, and disposal of hazardous, toxic, or regulated substances, including Iowa DNR regulations. Tenant shall indemnify Landlord for any environmental contamination caused by Tenant's activities. Landlord reserves the right to conduct environmental audits.

Insurance

Tenant shall maintain the following insurance coverages: comprehensive property insurance, commercial general liability insurance (minimum of [Liability Insurance Amount]), auto liability insurance (if relevant), and business interruption insurance. Landlord shall be named as an additional insured. Tenant shall provide Landlord with evidence of coverage. A waiver of subrogation shall be included in the policy.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to fire, flood, tornados, or other events of force majeure common to Iowa. Rent abatement may be provided during such periods. Both parties will engage in disaster recovery procedures including prompt notification, compliance with Iowa insurance standards, and restoration obligations.

Snow Removal & Winterization

[Landlord/Tenant] shall be responsible for snow removal, ice management, and winterization to meet Iowa weather risks and local ordinances.

Assignment and Subletting

Tenant shall not assign this Agreement or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any such assignment or subletting shall be subject to Landlord’s approval rights and permissible circumstances under Iowa law.

Advertising and Signage

Tenant may install signage subject to Landlord's approval and compliance with city or county signage ordinances.

Machinery and Equipment

Tenant may install machinery, racking, or specialized equipment (e.g. cranes, racking, cold storage) subject to Landlord's approval. Weight limits, slab loading, and return standards shall be specified in writing.

Default

If Tenant fails to pay rent when due or otherwise defaults in the performance of any obligation under this Agreement, Landlord shall provide Tenant with written notice of default and a cure period as required by Iowa Code Chapter 648 (forced entry and detainer). The cure period for monetary default shall be [Number] days, and the cure period for nonmonetary default shall be [Number] days.

Security Deposit Return

Upon termination of this Agreement, Landlord shall return the security deposit to Tenant in accordance with Iowa Code Section 562A.12, less any deductions for damages to the Premises or unpaid rent.

Subordination, Non-Disturbance and Attornment

This Lease shall be subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises. Landlord will provide a Subordination, Non-Disturbance and Attornment Agreement (SNDA) as requested by Landlord's lender.

Indemnification

Tenant shall indemnify Landlord for any personal injury, property damage, or claims arising out of Tenant's use of the Premises.

Casualty and Condemnation

In the event of casualty or condemnation, the parties' rights and obligations shall be governed by Iowa law.

Special Regulatory Notifications

[Landlord/Tenant] shall comply with all special regulatory notifications or lease addenda required for properties with prior agricultural use, flood plain mapping (per FEMA/Iowa DNR), or historical environmental conditions.

Dispute Resolution

This Agreement shall be governed by the laws of the State of Iowa. Venue for any action arising out of this Agreement shall be in [County Name] County, Iowa. Any disputes shall be resolved through negotiation, then mediation, and optionally arbitration or court. Attorney’s fees shall be recoverable per Iowa contract law.

Definitions

All technical, legal, or industry-specific terms used in this agreement shall have the meanings commonly understood in the Iowa commercial real estate market.

Exhibits

The following exhibits are attached to and incorporated into this Agreement: [List Exhibits].

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

Landlord:

By: [Landlord Name]

Title: [Landlord Title]

Tenant:

By: [Tenant Name]

Title: [Tenant Title]

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