Massachusetts office lease agreement template

Massachusetts Office Lease Agreement

This Office Lease Agreement (this “Lease”) is made and entered into as of [Date], by and between [Landlord Legal Name], a [Landlord Entity Type, e.g., Massachusetts Corporation], with an address at [Landlord Address] (“Landlord”), and [Tenant Legal Name], a [Tenant Entity Type, e.g., Massachusetts LLC], with an address at [Tenant Address] (“Tenant”).

1. Premises

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the “Premises”) located at [Property Address, including Building Name and Suite Number], containing approximately [Square Footage] square feet, as depicted on [Exhibit/Attachment Reference] attached hereto.

The Premises are located on the [Floor Number] floor of the Building.

The layout of the Premises is as depicted on [Exhibit/Attachment Reference] attached hereto.

The Premises consists of [Description of Exclusive Use Office Space, e.g., private offices, open work area, reception area].

Tenant shall have the right to use the following shared/common areas (the "Common Areas") in common with Landlord, other tenants of the Building and their respective employees, guests and invitees: [Description of Shared/Common Areas, e.g., lobbies, hallways, restrooms, conference rooms, break areas, parking, bike storage, elevators].

Tenant shall have access to the following special amenities: [Description of Special Amenities, e.g., IT/server rooms, mailroom access, storage spaces].

2. Use of Premises

Tenant shall use the Premises solely for general office purposes, consistent with all applicable Massachusetts and local zoning ordinances.

Option A: Tenant shall not use the Premises for any retail, medical, or other non-office use without Landlord’s prior written consent.

Option B: Tenant shall not use the Premises for any purpose that violates applicable Massachusetts and local laws or regulations, or any covenants, conditions, or restrictions affecting the Building.

Tenant shall not store any hazardous materials on the Premises.

Tenant shall obtain all necessary business permits and licenses required to operate its business in the Premises in compliance with Massachusetts and local requirements.

Any change in the use of the Premises requires prior written approval from Landlord and any applicable municipal authorities.

3. Term

The initial term of this Lease (the “Term”) shall commence on [Start Date] (the “Commencement Date”) and expire on [Expiration Date].

The Rent Commencement Date shall be [Date].

Option A: This Lease shall automatically renew for successive terms of [Number] years each, unless either party gives written notice of termination at least [Number] months prior to the expiration of the then-current term. Renewal rent will be calculated as follows: [Renewal Rent Calculation Method, e.g., fair market value, CPI increase].

Option B: There is no automatic renewal. Tenant has the option to extend the lease for a term of [Number] years by providing written notice to Landlord at least [Number] months prior to the expiration of the Term. Renewal rent will be calculated as follows: [Renewal Rent Calculation Method, e.g., fair market value, CPI increase].

In the event Tenant holds over after the expiration of the Term without a written agreement, such holdover shall be a month-to-month tenancy at a rent equal to [Percentage]% of the then-current monthly rent.

Option A: Landlord shall have the right to terminate this lease upon the condemnation of the building.

Option B: Tenant shall have the right to terminate this lease upon a Change of Control, defined as [Definition of Change of Control].

4. Rent

Tenant shall pay Landlord annual base rent of [Dollar Amount], payable in equal monthly installments of [Dollar Amount], in advance on the first day of each month, commencing on the Rent Commencement Date.

In addition to the base rent, Tenant shall pay its proportional share of Common Area Maintenance (CAM) and operating expenses. Tenant’s proportional share is [Percentage]%.

Tenant shall also pay its proportional share of real estate taxes, as defined under Massachusetts law, including any exemptions such as 121A entity treatment.

Option A: Landlord shall provide and pay for the following utilities: [List of Utilities Paid by Landlord, e.g., water, sewer]. Tenant shall be responsible for all other utilities, including electricity, HVAC, data, refuse/recycling and janitorial services directly to the utility provider.

Option B: Tenant shall be responsible for paying for all utilities directly to the utility provider, including electricity, HVAC, water, data, refuse/recycling and janitorial services.

Landlord shall be responsible for providing snow removal.

Tenant shall pay its share of insurance costs.

Tenant shall deposit with Landlord a security deposit of [Dollar Amount]. The security deposit shall be held in an interest-bearing escrow account in accordance with Massachusetts General Laws Chapter 186, Section 15B.

Option A: Tenant shall pay first month's rent and last month's rent upon execution of this Lease.

Option B: Tenant shall not be required to pay last month's rent upon execution of this Lease.

The base rent shall be increased annually by [Percentage]% or according to the Consumer Price Index (CPI), as determined by [Specific CPI Index], with the increase effective on each anniversary of the Commencement Date.

Rent payments shall be made payable to [Payee Name] and delivered to [Payment Address].

Rent payments may be made by [Accepted Payment Methods, e.g., check, wire transfer, ACH].

A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.

Option A: Tenant shall be entitled to rent abatement or reduction in the event of a loss of "usable space" due to [Reason for Abatement, e.g., fire, flood]

Option B: Landlord makes no guarantees regarding rent abatement or reduction.

5. Repairs and Maintenance

Landlord shall be responsible for maintaining the structural integrity of the Building, including the roof, foundation, and exterior walls, and shall comply with all applicable Massachusetts laws and ordinances.

Tenant shall be responsible for maintaining the interior of the Premises in good condition and repair, including but not limited to interior walls, flooring, and fixtures, and shall comply with all applicable Massachusetts laws and ordinances, including M.G.L. c. 93A.

Tenant shall promptly report any needed repairs to Landlord.

Landlord shall make emergency repairs within a reasonable time after notification by Tenant.

Landlord shall provide snow and ice removal from entrances and exits in accordance with Massachusetts law and commercial best practices.

Option A: Landlord shall manage the Building with a management fee equal to [Percentage]% of collected rents.

Option B: Landlord is not subject to any management fee.

Any Tenant Improvements must be approved by Landlord in writing, which approval shall not be unreasonably withheld. All Tenant Improvements must comply with applicable building codes, including the Massachusetts Building Code and ADA requirements.

Tenant shall not make any alterations or modifications to the Premises without Landlord’s prior written consent and all necessary permits.

Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing.

6. Insurance

Tenant shall maintain commercial general liability insurance with limits of not less than [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, and property casualty insurance, worker’s compensation insurance (if applicable), and business interruption insurance.

Tenant shall provide Landlord with certificates of insurance evidencing such coverage and naming Landlord as an additional insured.

Landlord shall maintain insurance for the structural and building coverage and liability.

The parties hereby waive all rights of subrogation against each other to the extent covered by insurance.

7. Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including fire safety regulations (527 CMR) and hazardous materials disclosure requirements.

Landlord shall comply with all applicable federal, state, and local laws, regulations, and ordinances.

The parties shall comply with all applicable Massachusetts laws, including those related to lead paint, asbestos, and other hazardous substances.

8. Default and Remedies

If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall provide Tenant with written notice of default and [Number] days to cure such default, in accordance with Massachusetts General Laws Chapter 186, Section 11.

A material breach of this Lease shall include, but not be limited to, nonpayment of rent, unauthorized alterations, or violation of use restrictions.

Upon Tenant’s default, Landlord shall have the right to re-enter the Premises and re-let the Premises, without terminating this Lease.

In the event of Tenant's default, Landlord may recover damages, including attorney’s fees if allowed under Massachusetts law.

Tenant hereby waives any right to self-help remedies.

9. Move-In and Move-Out

Tenant shall conduct a move-in inspection of the Premises with Landlord and complete a condition checklist upon taking possession.

Upon termination of this Lease, Tenant shall return all access devices and remove all of Tenant’s property from the Premises.

Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

Landlord shall return the security deposit to Tenant, less any deductions for damages or unpaid rent, within [Number] days after the termination of this Lease, in accordance with Massachusetts law, including any accrued interest.

10. Subletting and Assignment

Tenant shall not sublet the Premises or assign this Lease without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided Tenant meets the following criteria: [Criteria for Subletting/Assignment Approval, e.g., financial stability, similar business use].

Tenant shall pay Landlord a fee of [Dollar Amount] for processing any request for subletting or assignment.

"Permitted transfers" to affiliates or related entities of Tenant shall be allowed without Landlord's consent.

11. Anti-Discrimination

Landlord and Tenant shall comply with all applicable Massachusetts anti-discrimination laws.

12. Indemnification and Limitation of Liability

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

Landlord shall not be liable for any consequential damages.

13. Governing Law

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

Any legal action or proceeding arising out of or relating to this Lease shall be brought in the courts located in [County Name] County, Massachusetts.

The parties agree to first attempt to resolve any disputes through mediation before initiating litigation.

Notices under this Lease shall be deemed effective upon receipt when delivered by certified mail, overnight courier, or email to the following addresses:

If to Landlord: [Landlord Notice Address], [Landlord Email Address]

If to Tenant: [Tenant Notice Address], [Tenant Email Address]

14. Taxes

Tenant shall be responsible for paying all personal property taxes on Tenant’s equipment and furniture.

Option A: This is a "triple net" lease and Tenant shall also be responsible for all increases in municipal assessments, stormwater, or district surcharges on the property.

Option B: Tenant shall not be responsible for increases in municipal assessments, stormwater, or district surcharges on the property.

15. Building Rules and Regulations

Landlord reserves the right to establish and amend building rules and operational policies, with reasonable notice to Tenant.

Tenant shall comply with all posted building rules and regulations.

16. Miscellaneous

This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

This Lease may be amended only by a written instrument signed by both parties.

If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This Lease is subject to and incorporates by reference the following attached schedules:

Floor Plan

Building Rules

Work Letter for Build-Out

Certificate of Insurance

Rent Schedule

Parking/Amenity License (if applicable)

The hierarchy of documents, in case of conflict, shall be: 1) This Lease, 2) attached schedules.

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

[Landlord Legal Name]

By: [Landlord Signature Block]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Legal Name]

By: [Tenant Signature Block]

Name: [Tenant Printed Name]

Title: [Tenant Title]