Maine office lease agreement template

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How Maine office lease agreement Differ from Other States

  1. Maine requires disclosure of energy efficiency information for certain commercial buildings, unlike many other states.

  2. Office leases in Maine often address septic system maintenance responsibilities if the property is not on municipal sewer.

  3. The State of Maine imposes specific statutory notice periods for lease termination, differing from general practices in other states.

Frequently Asked Questions (FAQ)

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

    A: While not legally required, a written lease is strongly recommended to protect both landlord and tenant rights.

  • Q: Are security deposits regulated in Maine office leases?

    A: No specific limit applies to commercial security deposits in Maine, but terms must be stated in the lease.

  • Q: Do Maine office leases need to be notarized?

    A: Notarization is not required for validity in Maine but may be needed for recording with the county.

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Maine Office Lease Agreement

This Office Lease Agreement (the “Agreement”) is made and entered into as of this [Date of Signing], by and between [Landlord Legal Name], whose address is [Landlord Address] (“Landlord”), and [Tenant Legal Name], whose address is [Tenant Address] (“Tenant”).

1. Premises

  • The Landlord leases to the Tenant and the Tenant leases from the Landlord the premises located at [Street Address], Suite/Space Number [Suite/Space Number], Floor [Floor Level], consisting of approximately [Total Square Footage] square feet (the “Premises”).
  • Option A: The Premises includes the following private areas: [List of Private Areas].
  • Option B: The Premises includes the following common areas: [List of Common Areas].
    • This includes access to the lobby, restrooms, elevators, stairwells, and parking [Number] spaces located at [Location of Parking Spaces].
    • Building amenities include: [List of Building Amenities, e.g., conference rooms, shared kitchen, mailroom, security systems, IT infrastructure, elevators, HVAC specifications, Internet/wiring].

2. Use

  • The Premises shall be used and occupied solely for general office or professional business services compliant with local zoning and Maine commercial use requirements.
  • Option A: The Tenant shall not use the Premises for any residential, medical, retail, or industrial use.
  • Option B: Subletting is allowed with prior written consent of the Landlord, which consent shall not be unreasonably withheld.
  • Option C: Assignment of this lease is prohibited.

3. Term

  • The term of this Lease shall commence on [Start Date] and expire on [End Date].
  • Option A: Tenant shall have the option to renew this lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.
  • Option B: Tenant shall have the option to expand the leased premises to include [Description of Expanded Premises] provided that Tenant gives Landlord written notice of its intent to expand at least [Number] days prior to the expiration of the then-current term.
  • Option C: Early termination by the tenant is allowed only upon payment of [Dollar Amount] and with [Number] days written notice. Early termination rights are subject to Maine law.

4. Rent

  • The base rent shall be [Dollar Amount] per square foot per year or [Dollar Amount] per month, payable in advance on the [Day] of each month.
  • Option A: Rent shall be paid by [Method of Payment, e.g., check, electronic transfer] to [Payment Details].
  • Option B: A late payment penalty of [Dollar Amount or Percentage] shall be assessed for any rent payment received more than [Number] days after the due date, consistent with Maine law (Title 14, §6002).
  • Option C: The base rent shall increase by [Percentage]% annually or be adjusted based on the Consumer Price Index (CPI).
  • A security deposit of [Dollar Amount] is due upon signing this lease. The security deposit will be returned within [Number] days of lease termination, less any allowable deductions for damages, consistent with Maine law (Title 14, §6038).

5. Taxes and Utilities

  • Landlord shall pay all real estate taxes and municipal assessments. Tenant shall pay all business personal property taxes relating to Tenant’s equipment.
  • Option A: Landlord shall pay for electricity, heat, water/sewer, and trash.
  • Option B: Tenant shall pay for electricity, heat, water/sewer, and trash.
  • Option C: Tenant shall pay for internet and janitorial costs.

6. Operating Expenses

  • Tenant shall pay its proportionate share of building operating expenses, including common area maintenance (CAM) charges, capital improvements, insurance, snow removal, and grounds upkeep.
  • Option A: Tenant’s proportionate share shall be [Percentage]% of the total building operating expenses.
  • Option B: Landlord shall provide an annual reconciliation of operating expenses to Tenant. Tenant shall have the right to audit Landlord’s records pertaining to operating expenses.

7. Tenant Improvements

  • Tenant improvements must be approved by Landlord in writing and comply with all applicable codes, including ADA, Maine Fire Code, and city permitting requirements.
  • Option A: Upon termination of the lease, Tenant shall restore the premises to its original condition.
  • Option B: Upon termination of the lease, Tenant shall remove all improvements and fixtures.

8. Repair and Maintenance

  • Landlord shall be responsible for maintaining the building core and shell, including HVAC, plumbing, and electrical systems.
  • Option A: Tenant shall be responsible for maintaining the interior of the Premises.
  • Option B: Tenant shall promptly report any building emergencies or property damage to Landlord.

9. Insurance

  • Tenant shall maintain comprehensive general liability insurance with minimum coverage of [Dollar Amount].
  • Option A: Tenant shall provide Landlord with a certificate of insurance.
  • Option B: Landlord shall be named as an additional insured on Tenant’s insurance policy.

10. Access

  • Landlord shall have the right to access the Premises for routine inspections and repairs, with reasonable advance notice to Tenant, as required by Maine law.
  • Option A: Landlord shall provide at least [Number] hours of notice prior to entering the Premises.
  • Option B: Tenant shall cooperate with Landlord to comply with all fire, building, and health codes.

11. Rules and Regulations

  • Tenant shall comply with all building rules and regulations, the Maine Human Rights Act, local ordinances, and any landlord or condominium association bylaws.

12. Move-In/Move-Out

  • Tenant shall complete a move-in inspection checklist upon taking possession of the Premises.
  • Option A: Upon termination of the lease, Tenant shall return the Premises in broom-clean condition.
  • Option B: The security deposit will be returned within [Number] days of lease termination, less any allowable deductions for damages, as per Maine law (Title 14, §6038).

13. Default

  • In the event of a breach of this lease, Landlord shall provide Tenant with written notice of default and an opportunity to cure, consistent with Maine law.
  • Option A: If Tenant fails to cure the default within [Number] days, Landlord may pursue eviction proceedings.
  • Option B: Landlord's remedies for breach include the right to cure the default, summary eviction proceedings, and limitations on self-help or lockout.

14. Force Majeure

  • Neither party shall be liable for any failure to perform its obligations under this lease due to force majeure events.

15. Indemnification

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

16. Dispute Resolution

  • Any disputes arising under this lease shall be resolved through negotiation, then mediation, and finally, in the state or county courts of Maine.

17. Governing Law

  • This lease shall be governed by and construed in accordance with the laws of the State of Maine.

18. Signage

  • Tenant’s signage must comply with municipal permitting requirements and be approved by Landlord in writing.

19. Parking

  • Tenant shall be assigned [Number] parking spaces located at [Location of Parking Spaces].
  • Option A: Parking fees shall be [Dollar Amount] per space per month.
  • Option B: After-hours building access and security requirements are as follows: [List of After-Hours Access Requirements].

20. Data Privacy

  • Tenant is responsible for complying with all applicable data privacy standards for Tenant’s business.

21. Environmental Compliance

  • Landlord warrants compliance with all applicable Maine environmental regulations.
  • Option A: If the building predates 1978, the Landlord will provide disclosures concerning lead paint and asbestos.

22. Amendment

  • Any amendment to this lease must be in writing and signed by both parties.

23. Notices

  • All notices shall be in writing and delivered to the addresses set forth above.
  • Option A: Notices may be sent electronically to [Landlord Email Address] and [Tenant Email Address].

24. Execution

  • This lease may be executed in counterparts or electronically if permitted by Maine law.

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

____________________________
[Landlord Legal Name]

____________________________
[Tenant Legal Name]

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