Kentucky office lease agreement template

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How Kentucky office lease agreement Differ from Other States

  1. Kentucky law requires landlords to comply with specific building codes and provide safe, habitable premises under KRS Chapter 383.

  2. Unlike some states, Kentucky allows more flexibility in negotiating security deposit terms, but landlords must return deposits within 60 days after lease termination.

  3. Commercial office leases in Kentucky are generally not governed by residential landlord-tenant statutes, offering greater contractual freedom.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease agreement required for office rentals in Kentucky?

    A: Written agreements are strongly recommended for office leases in Kentucky to protect both parties and clarify all terms.

  • Q: Are there legal restrictions on security deposits in Kentucky office leases?

    A: Kentucky law does not cap security deposits for office leases, but their terms should be clearly detailed in the agreement.

  • Q: Who is responsible for office maintenance under a Kentucky office lease?

    A: Responsibility for maintenance is typically defined in the lease, but Kentucky law requires landlords to maintain building safety.

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Kentucky Office Lease Agreement

This Office Lease Agreement (this “Lease”) is made and entered into as of this [Date of Execution], by and between [Landlord Legal Name], a [Landlord Entity Type, e.g., Kentucky LLC], with a registered business address at [Landlord Business Address] (“Landlord”), and [Tenant Legal Name], a [Tenant Entity Type, e.g., Kentucky Corporation], with a registered business address at [Tenant Business Address] (“Tenant”). Landlord's registered agent (if applicable) is [Landlord Registered Agent Name] with an address of [Landlord Registered Agent Address]. Tenant's registered agent (if applicable) is [Tenant Registered Agent Name] with an address of [Tenant Registered Agent Address].

Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises (the “Premises”) located at [Street Address], [City], Kentucky, consisting of Suite/Unit Number [Suite/Unit Number], on the [Floor Number] floor, and containing approximately [Rentable Square Footage] rentable square feet and [Usable Square Footage] usable square feet, as legally described per county records in Exhibit A attached hereto.

Tenant’s proportional share of the building's common areas is [Percentage]%.

Permitted use of building amenities includes: [List of Amenities, e.g., Lobbies, Elevators, Shared Conference Facilities, Mailrooms, Restrooms, Staff Lounges].

Use of Premises

The Premises shall be used solely for general office purposes and related activities, in compliance with all applicable Kentucky zoning ordinances, building codes, and other applicable laws and regulations.

Specifically, the Premises [Shall / Shall Not] be used for:

  • Option A: Retail sales to the public.
  • Option B: Industrial or manufacturing activities.
  • Option C: Residential dwelling.
  • Option D: Any unlawful activity under Kentucky state law.

Assignment and Subletting

Tenant [Shall / Shall Not] assign this Lease or sublet the Premises, or any part thereof, without the prior written consent of Landlord, which consent [Shall / Shall Not] be unreasonably withheld, per KRS 383.

  • Option A: Tenant shall provide Landlord with at least [Number] days' prior written notice of any proposed assignment or subletting. Such notice shall include the name and address of the proposed assignee or subtenant, a copy of the proposed assignment or sublease agreement, and financial information regarding the proposed assignee or subtenant.
  • Option B: Landlord shall have the right to terminate this Lease in the event Tenant requests Landlord's consent to an assignment or subletting.
  • Option C: Any approved assignment or subletting shall not relieve Tenant from its primary obligation to pay rent and perform all other obligations under this Lease.

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: Tenant [Shall / Shall Not] have the option to renew this Lease for one (1) additional term of [Number] years, provided Tenant gives Landlord written notice of its election to renew at least [Number] months prior to the Expiration Date.
  • Option B: Early possession of the premises [Is / Is Not] granted to Tenant, commencing on [Early Possession Date].
  • Option C: Any holding over by Tenant after the Expiration Date shall be deemed a month-to-month tenancy, subject to all of the terms and conditions of this Lease, except that the monthly rent shall be [Percentage]% of the monthly rent in effect during the last month of the term.

Rent

Tenant shall pay Landlord base rent (the "Base Rent") of [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], in advance, on the first day of each month during the Lease term.

  • Option A: Payment shall be made to Landlord at [Payment Address] by [Payment Method, e.g., check, wire transfer, ACH].
  • Option B: Payment may be made electronically via [Electronic Payment Method, e.g., Zelle, PayPal].

In addition to the Base Rent, Tenant shall be responsible for all applicable Kentucky sales or use tax on commercial leasing.

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held in escrow in accordance with Kentucky law and returned to Tenant within [Number] days after the Expiration Date, less any amounts properly deducted for damages or unpaid rent.

  • Option C: The Base Rent shall increase by [Percentage]% per year, commencing on the [Date] anniversary of the Commencement Date.
  • Option D: The Base Rent shall be adjusted annually based on the Consumer Price Index (CPI) for [City/Region], as published by the Bureau of Labor Statistics.

Late fees shall be charged at a rate of [Dollar Amount] per day for any rent payment received more than [Number] days after the due date, but will not exceed limits deemed reasonable under Kentucky law.

A fee of [Dollar Amount] will be charged for any returned payment.

  • Option E: Tenant shall receive a rent abatement period of [Number] months, commencing on the Commencement Date.

Additional Charges

Tenant shall also be responsible for Tenant’s Pro Rata Share of CAM expenses, building operating expenses, utilities, property taxes and landlord’s insurance.

Tenant’s Pro Rata Share is defined as the ratio of the square footage of the Premises to the total rentable square footage of the Building

CAM expenses include, but are not limited to, the costs of maintaining and repairing the common areas of the building.

Building operating expenses include, but are not limited to, the costs of utilities, insurance, and property taxes.

  • Option A: Utilities include electricity, water, gas, telecom, and trash removal services.
  • Option B: Property taxes shall be passed through to Tenant in accordance with Kentucky property tax law.

Landlord shall provide Tenant with a statement of CAM expenses and building operating expenses on an annual basis.

Tenant shall have the right to audit Landlord's records relating to CAM expenses and building operating expenses, subject to Kentucky requirements for transparency in CAM reconciliations.

Tenant Improvements

Tenant [Shall / Shall Not] be permitted to make alterations, additions, or improvements to the Premises with the prior written consent of Landlord.

  • Option A: All such alterations, additions, or improvements shall be at Tenant's sole cost and expense.
  • Option B: All such work shall be performed in a good and workmanlike manner and in compliance with all applicable building codes, ordinances, and regulations, including ADA, lead paint, and Kentucky fire and life safety codes, and must obtain required building permits per relevant local authorities like the city of Louisville.
  • Option C: At the expiration or earlier termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing by Landlord.

Repairs and Maintenance

Landlord shall be responsible for maintaining and repairing the structural components of the building, including the roof, foundation, and exterior walls.

Tenant shall be responsible for maintaining and repairing the interior of the Premises, including all fixtures, equipment, and improvements.

Landlord shall be responsible for routine and capital repairs for HVAC, electrical, and plumbing serving the base-building systems.

Tenant shall be responsible for routine and capital repairs for HVAC, electrical, and plumbing serving only the Premises.

Tenant shall promptly notify Landlord of any necessary repairs.

Landlord shall have the right to enter the Premises at reasonable times and with reasonable prior notice for the purpose of inspecting the Premises and making necessary repairs or alterations.

  • Option A: Landlord shall provide Tenant with at least [Number] hours' prior notice before entering the Premises, except in the case of an emergency.

Rules and Regulations

Tenant shall comply with all reasonable rules and regulations established by Landlord for the building.

Business signage [Is / Is Not] permitted, subject to Landlord’s approval of design and location.

Parking allocations: [Number] reserved spaces and [Number] unreserved spaces.

After-hours access: [Describe access procedures and security systems].

The use, storage, or disposal of hazardous materials on the Premises is [Prohibited / Permitted with Restrictions], subject to compliance with local environmental rules and Kentucky Health Department standards.

Insurance

Tenant shall maintain general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and property insurance covering Tenant's personal property and improvements.

Landlord shall maintain property insurance covering the building.

Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

All insurance policies shall include a waiver of subrogation as per Kentucky commercial standards.

Tenant shall maintain business interruption coverage.

Both parties shall name the other as an additional insured on their respective policies.

Casualty and Condemnation

If the Premises are damaged by fire or other casualty, Landlord shall promptly repair the Premises, provided such repairs can be completed within [Number] days.

If the Premises are rendered wholly unusable, Tenant shall have the right to terminate this Lease.

If a portion of the Premises is taken by eminent domain or condemnation, Landlord shall have the option to either restore the Premises or terminate this Lease.

Procedures for rent adjustment, and expectations for insurance and damage repair/adjudication process shall follow events covered by Kentucky statutory and local ordinances.

Compliance with Laws

Tenant shall comply with all applicable laws, ordinances, rules, and regulations in connection with its use of the Premises.

Tenant is responsible for maintaining business licenses and certifications as per Kentucky Secretary of State requirements and local government requirements.

Tenant shall ensure compliance with Kentucky-specific occupational license taxes and any local business tax registrations.

Building Operations

Building access hours are [Start Time] to [End Time], [Days of the Week].

Guest procedures: [Describe procedures].

Tenant shall comply with building-wide energy conservation programs.

IT/data cabling infrastructure use and maintenance: [Describe regulations].

Limits on specialty office equipment that could stress building systems: [Describe limitations].

Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through good faith negotiation.

If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation.

If mediation is unsuccessful, the parties shall submit the dispute to commercial arbitration under the Kentucky Uniform Arbitration Act.

The exclusive jurisdiction for any legal action arising out of or relating to this Lease shall be the state courts of Kentucky.

Move-In and Move-Out

Move-in requirements:

  • Condition checklist: [Provide Checklist].
  • Delivery standards: [Describe delivery standards].
  • Keys and access credentials: [Describe key and access credential distribution].

Move-out requirements:

  • Restoration: [Describe restoration requirements].
  • Broom clean condition.
  • Return of keys and access fobs.

Standards for assessment and return of security deposit are as described in [Section Number], including Kentucky’s statutory timelines and allowable deductions.

Final utility meter readings and transfer or cancellation procedures.

Default and Remedies

If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies under Kentucky law, including damages, right to re-enter, and acceleration clauses.

Landlord shall provide Tenant with written notice of any default and an opportunity to cure the default within [Number] days.

Kentucky’s position on self-help remedies and limitations shall apply.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

This Lease incorporates all relevant Kentucky real estate, property management, and commercial lease laws.

This lease incorporates Fair Housing Act carve-outs for commercial property, environmental and asbestos disclosures, earthquake and flood risk disclosures as applicable, and requirements of the Americans with Disabilities Act (ADA) as adopted in Kentucky.

Escrow

Any regulatory deposits mandated by this Lease or local laws shall be held in escrow.

Execution

This Lease may be executed in counterparts, each of which shall be deemed an original.

Electronic signatures shall be valid per the Kentucky Uniform Electronic Transactions Act.

This Lease includes any required consumer or business law disclosures for commercial lease agreements.

Entire Agreement

This Lease constitutes the entire agreement between the parties with respect to the Premises and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

This Lease may be amended or modified only in writing, signed by both parties.

The building rules and regulations attached hereto are incorporated into this Lease.

Landlord shall have the right to revise such rules on advance notice, subject to Kentucky law’s reasonableness requirement.

Additional Provisions

[Insert any additional provisions relevant to the Tenant's specific industry or business operational needs, e.g., secure file storage, cybersecurity protections, regulatory compliance for healthcare, financial, or professional services offices in Kentucky. Ensure all elements are customized to the actual features, codes, and occupancy practices governing commercial office properties in the relevant Kentucky locality.]

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

Landlord:

[Landlord Legal Name]

By: [Landlord Authorized Signature]

Name: [Landlord Authorized Name]

Title: [Landlord Authorized Title]

Tenant:

[Tenant Legal Name]

By: [Tenant Authorized Signature]

Name: [Tenant Authorized Name]

Title: [Tenant Authorized Title]

Exhibit A: Legal Description of Property

[Insert Legal Description]

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