Massachusetts warehouse lease agreement template

Massachusetts Warehouse Lease Agreement

This Warehouse Lease Agreement ("Agreement") is made and entered into as of this [Date of Execution], by and between [Landlord's Full Legal Name], residing at [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Corporation] with its principal place of business at [Tenant's Address] ("Tenant"). Landlord and Tenant are each referred to herein individually as a "Party" and collectively as the "Parties."

Landlord warrants that it has the full right, power, and authority to enter into this Agreement. Tenant warrants that the individual signing this Agreement on Tenant's behalf has the full right, power, and authority to enter into this Agreement on Tenant's behalf.

1. Premises

Option A: The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises located at [Full Street Address of Warehouse], in the City/Town of [City/Town], County of [County], Commonwealth of Massachusetts, more particularly described as [Legal Parcel Description] (the "Premises").

Option B: The leased Premises consist of approximately [Total Square Footage] square feet of warehouse space, including [Number] loading docks with a capacity of [Weight] each, a ceiling height of [Ceiling Height], a floor load capacity of [Floor Load Capacity], [Number] loading doors of type [Door Type, e.g., Roll-up], access to [Access Roads], parking spaces for [Number] vehicles, drive aisles as designated by Landlord, [Yes/No] outdoor storage or yard areas, [Yes/No] mezzanines, and [Yes/No] office spaces.

Option C: Tenant also has the right to use the shared/common facilities as follows: [Description of Shared Facilities and Usage Rights].

2. Use of Premises

Option A: The Premises shall be used and occupied by Tenant solely for the purposes of warehouse, storage, and distribution of [Specific Goods/Materials] and any other related business or industrial activities as may be permitted by local zoning regulations, and for no other purpose.

Option B: Tenant shall comply with all applicable local use/zoning restrictions and all federal, state, and local laws, ordinances, and regulations in connection with its use of the Premises.

Option C: The Premises shall not be used for any unlawful purpose, residential purposes, or unapproved manufacturing uses. The storage, handling, and disposal of any hazardous materials shall comply with all applicable federal, state, and local laws and regulations, including those of the Massachusetts Department of Environmental Protection (DEP) and the Environmental Protection Agency (EPA). Tenant is responsible for compliance with the Massachusetts fire code.

3. Lease Term

Option A: The term of this Lease shall commence on [Commencement Date] (the "Commencement Date") and shall expire on [Expiration Date] (the "Expiration Date"), unless sooner terminated as provided herein.

Option B: 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 election to renew at least [Number] months prior to the Expiration Date.

Option C: Early termination: [Specify Early Termination Procedures and Penalties, if any].

4. Rent

Option A: The base rent for the Premises shall be [Dollar Amount] per month (the "Base Rent"), payable in advance on the first day of each month, commencing on the Commencement Date.

Option B: The Base Rent shall be subject to annual escalations of [Percentage] percent per year, commencing on the first anniversary of the Commencement Date.

Option C: This is a [Triple Net/Modified Gross] Lease.

• If Triple Net: In addition to the Base Rent, Tenant shall pay all property taxes, insurance premiums, utilities, snow removal, landscaping, waste removal, and other operating expenses associated with the Premises.
• If Modified Gross: Tenant shall pay its pro rata share of operating expenses, including common area maintenance (CAM) expenses, warehouse maintenance/repair charges, and utilities.

5. Security Deposit

Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount] (the "Security Deposit"), which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.

Option B: The Security Deposit shall be returned to Tenant within [Number] days after the Expiration Date or earlier termination of this Lease, less any amounts necessary to cover any damages to the Premises or any other amounts due to Landlord under this Lease. All security deposit handling shall be in compliance with Massachusetts law.

6. Maintenance and Repairs

Option A: Tenant shall be responsible for maintaining the interior of the Premises in good repair and condition, including the floors, loading doors, racking, and HVAC system.

Option B: Landlord shall be responsible for maintaining the roof, foundation, and exterior walls of the Premises in good repair and condition. Landlord is responsible for complying with Massachusetts building code requirements.

Option C: Tenant is responsible for pest control and mold abatement, as well as hazardous spill abatement.

7. Alterations and Improvements

Option A: Tenant shall not make any alterations or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld.

Option B: All alterations and improvements made by Tenant shall become the property of Landlord upon the Expiration Date or earlier termination of this Lease, unless otherwise agreed in writing.

Option C: Tenant shall be responsible for obtaining all necessary permits and approvals for any alterations or improvements. Tenant shall restore, repair, and remove alterations at lease end, subject to the Landlord's approval.

8. Insurance

Option A: Tenant shall maintain property, casualty, and general liability insurance with minimum coverage amounts of [Dollar Amount], naming Landlord as an additional insured.

Option B: Landlord shall maintain property insurance on the Premises.

Option C: All insurance policies shall contain waivers of subrogation in favor of the other party. All requirements are to comply with Massachusetts-appropriate additional insured and subrogation provisions.

9. Environmental Compliance

Option A: Tenant shall comply with all applicable environmental laws and regulations, including those relating to the storage, handling, and disposal of hazardous materials.

Option B: Tenant shall indemnify and hold Landlord harmless from any and all claims, losses, damages, and expenses arising out of or relating to Tenant's violation of any environmental laws or regulations.

Option C: Tenant must report any spills or violations immediately to Landlord and relevant authorities.

10. Access

Option A: Landlord and its representatives shall have the right to enter the Premises at reasonable times to inspect the Premises and to make necessary repairs.

Option B: Tenant shall provide Landlord with reasonable access to the Premises for the purpose of showing the Premises to prospective purchasers or tenants.

Option C: Tenant operations hours are [Hours]. Deliveries are allowed from [Start Time] to [End Time].

11. Snow and Ice Removal

Option A: Landlord is responsible for snow and ice removal from [Designated Areas].

Option B: Tenant is responsible for snow and ice removal from [Designated Areas].

Option C: Procedures are in place for roof load and snow concerns specific to the Massachusetts climate.

12. Government Inspections and Compliance

Option A: Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations.

Option B: Tenant shall be responsible for obtaining all necessary licenses and permits to operate its business on the Premises, including fire department, board of health, and building inspection sign-offs.

Option C: The Premises is/is not subject to government inspections. [Specify frequency and responsibility].

13. Surrender of Premises

Option A: Upon the Expiration Date or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in broom-clean and damage-free condition, reasonable wear and tear excepted.

Option B: Tenant shall remove all stored inventory and fixtures from the Premises.

Option C: Landlord will return the security deposit according to Massachusetts commercial landlord-tenant statutes.

14. Subleasing and Assignment

Option A: Tenant shall not sublease the Premises or assign this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld.

Option B: Any sublease or assignment shall be subject to all of the terms and conditions of this Lease.

Option C: Landlord’s consent to assign/sublease is [Granted/Not Granted].

15. Default

Option A: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and to recover all damages allowed by Massachusetts law.

Option B: Landlord shall provide Tenant with written notice of any default and a reasonable opportunity to cure the default, in accordance with Massachusetts law.

Option C: Landlord has the right to pursue Massachusetts summary process eviction proceedings.

16. Dispute Resolution

Option A: Any dispute arising out of or relating to this Lease shall be resolved through negotiation.

Option B: If negotiation fails, the parties agree to submit the dispute to mediation/arbitration [Choose One].

Option C: This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Venue for any legal action shall be in [County] County, Massachusetts.

17. Massachusetts Law Compliance

Option A: This lease is intended to comply with all Massachusetts General Laws, including but not limited to c. 186 and c. 93A.

Option B: Any terms found to be in violation of Massachusetts law shall be interpreted to comply with said law.

Option C: Tenant is responsible for obtaining any licenses or permits required to operate its business in Massachusetts.

18. Notice

Option A: All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or when sent by certified mail, return receipt requested, to the addresses set forth above.

Option B: Notice requirements must comply with Massachusetts legal service rules.

Option C: Landlord's address for notice: [Landlord's Address], Tenant's address for notice: [Tenant's Address].

19. Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Lease to the extent that such delay or failure is caused by a force majeure event, such as acts of God, war, terrorism, or natural disasters.

Option B: Force majeure standards are appropriate for regional risks in Massachusetts, such as storms and utility failures.

Option C: The affected party shall provide prompt notice to the other party of any force majeure event.

20. Entire Agreement

Option A: This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Option B: This Lease may be amended only by a writing signed by both parties.

Option C: This Lease is interpreted according to Massachusetts contract law.

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

____________________________
[Landlord's Signature]

[Landlord's Printed Name]

____________________________
[Tenant's Signature]

[Tenant's Printed Name]
[Tenant's Title]