Minnesota retail lease agreement template

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How Minnesota retail lease agreement Differ from Other States

  1. Minnesota law requires retail lease agreements to specify procedures for returning security deposits, including time frames and interest owed.

  2. Unlike some states, Minnesota mandates statutory disclosures regarding environmental hazards and accessibility compliance within retail spaces.

  3. Minnesota permits certain local municipalities to enforce stricter commercial lease regulations than state law, affecting lease drafting requirements.

Frequently Asked Questions (FAQ)

  • Q: Is a written retail lease mandatory in Minnesota?

    A: While verbal leases may be valid, written retail leases are strongly recommended in Minnesota to protect both parties’ interests.

  • Q: Are there specific disclosure requirements for retail leases in Minnesota?

    A: Yes, Minnesota requires disclosures for environmental hazards and information related to accessibility within the leased premises.

  • Q: How are security deposits handled in Minnesota retail leases?

    A: Security deposits must be returned within three weeks after lease termination and may accrue interest, as per Minnesota law.

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Minnesota Retail Lease Agreement

This Minnesota Retail Lease Agreement (the "Agreement") is made and entered into as of this [Date of Signing], by and between [Landlord's Full Legal Name], residing at [Landlord's Mailing Address] and having a phone number of [Landlord's Phone Number] and an email of [Landlord's Email] (hereinafter referred to as "Landlord"), and [Tenant's Full Legal Name], residing at [Tenant's Mailing Address] and having a phone number of [Tenant's Phone Number] and an email of [Tenant's Email] (hereinafter referred to as "Tenant").

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises located at [Property Address], legally described as [Legal Property Description], consisting of approximately [Square Footage] square feet and identified as Unit/Suite [Unit/Suite Number] (the "Premises").

Option B: The Premises are located within a multi-tenant property and consist of a retail space with [Frontage Length] feet of frontage, accessible via [Access Points Description], with [Shared Wall Configuration Description] (e.g., shared walls on the north and south sides).

Exclusive use spaces include: [List Exclusive Use Spaces]. Tenant's use of common areas (parking, loading docks, sidewalks, restrooms, trash facilities, signage zones) is subject to the following rights and restrictions: [Specify Rights and Restrictions].

Use of Premises

Option A: The Premises shall be used solely for retail purposes, specifically the operation of a [Allowed Trade/Business Type] business.

Option B: Prohibited uses include, but are not limited to: food service, uses that are dangerous or non-compliant with zoning ordinances.

Tenant shall comply with all applicable Minnesota commercial zoning laws and local use ordinances. Tenant shall not sublet the Premises, assign this Lease, or change the use of the Premises without Landlord's prior written consent.

Lease Term

Option A: The term of this Lease shall be a fixed term commencing on [Start Date] and expiring on [Expiration Date].

Option B: The term of this Lease shall be a periodic term commencing on [Start Date] and continuing [Specify Periodicity, e.g., month-to-month].

Renewal/Extension: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided Tenant gives Landlord written notice of its intention to renew at least [Number] days prior to the expiration of the then-current term.

Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such holding over shall be construed as a tenancy from month to month, terminable by either party upon [Number] days' written notice, and the rent shall be increased to [Percentage]% of the then-current rent.

Rent

Option A: The base rent shall be [Dollar Amount] per [Payment Frequency, e.g., month], payable in advance on the [Day] day of each [Payment Frequency, e.g., month].

Option B: Tenant shall pay a security deposit of [Dollar Amount]. Landlord shall hold the security deposit in an escrow account at [Bank Name]. The security deposit shall be subject to the maximums and escrow requirements under Minnesota law.

Rent Escalation: The base rent shall be increased annually by [Percentage]%, commencing on [Date].

Property Taxes: In addition to the base rent, Tenant shall pay [Percentage]% of all real property taxes assessed against the property.

CAM Fees: Tenant shall pay its pro-rata share of Common Area Maintenance (CAM) fees, calculated as [Square Footage of Premises] / [Total Square Footage of Leasable Area].

Utilities

Option A: Tenant shall be responsible for the payment of all utilities serving the Premises, including water, sewer, electricity, gas, and trash collection.

Option B: Landlord shall provide water and sewer services, and Tenant shall reimburse Landlord for its proportionate share of these expenses, calculated as [Square Footage of Premises] / [Total Square Footage of Leasable Area].

Payment & Late Fees

Option A: Rent payments shall be made by [Permitted Rent Payment Methods].

Option B: A late payment charge of [Dollar Amount or Percentage]% will be assessed for any rent payment received more than [Number] days after the due date.

Tenant is responsible for payment of Minnesota Retail Sales Tax, if applicable, on rent.

Compliance with Laws

Option A: Tenant shall comply with all state and local occupancy permits, building codes, health/fire/safety regulations, ADA accessibility requirements, and Minnesota-specific hazardous materials rules.

Option B: Landlord warrants that the premises comply with all applicable building codes and regulations at the time of lease execution.

Tenant Improvements

Option A: Tenant shall obtain Landlord's prior written approval for any alterations or improvements to the Premises. All improvements shall become the property of the Landlord upon termination of the Lease, unless otherwise agreed in writing.

Option B: Tenant shall comply with Minnesota statutory requirements for construction or repairs, including mechanic's lien waivers and notices.

Allocation of Construction Costs: [Specify Allocation of Construction Costs].

Maintenance and Repair

Option A: Landlord shall be responsible for maintaining the roof, structure, and exterior of the Premises. Tenant shall be responsible for maintaining the interior of the Premises, including HVAC, plumbing, and electrical systems.

Option B: Landlord shall be responsible for winterization and snow removal. Tenant shall be responsible for ice removal.

Tenant shall promptly report any needed repairs to Landlord.

Signage

Option A: Tenant shall have the right to install exterior and interior signage, subject to Landlord's approval and compliance with all local permit requirements.

Option B: All signage must conform to the building's aesthetic standards. Signage removal at lease end is the responsibility of the tenant.

Insurance

Tenant shall maintain general liability insurance, products liability insurance, and property insurance in amounts consistent with Minnesota commercial standards. Tenant shall provide Landlord with evidence of insurance upon request.

Landlord shall maintain insurance with minimum coverage of [Dollar Amount].

Waivers of Subrogation: [Specify Waivers of Subrogation].

Building Access & Security

Building access hours are [Specify Building Access Hours]. Landlord shall provide reasonable security for the building.

Landlord shall have the right to enter the Premises for inspections and repairs, with reasonable notice to Tenant, except in cases of emergency.

Minnesota Landlord-Tenant Law

Landlord and Tenant shall comply with all applicable Minnesota landlord-tenant regulations, including the warranty of suitability for retail use.

Indemnification

Landlord and Tenant shall indemnify and hold each other harmless from any claims arising out of their respective acts or omissions.

Default and Cure

Option A: If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall provide Tenant with written notice of the default. Tenant shall have [Number] days to cure the default.

Option B: Landlord's remedies upon default include termination of the Lease, eviction, and recovery of damages.

Security Deposit

Landlord shall handle the security deposit in accordance with Minnesota law, including providing an accounting of any deductions upon termination of the Lease.

Personal Guaranty

[Specify if Personal Guaranty Applies, and Include Terms]

Fixtures and Equipment

Tenant shall own all fixtures and equipment installed by Tenant. Tenant shall be responsible for the installation and removal of such fixtures and equipment.

Move-In/Move-Out

Landlord and Tenant shall conduct move-in and move-out inspections and complete condition reports as required by Minnesota statutes.

Advertising Restrictions

Tenant shall comply with all advertising restrictions and building facade standards.

Environmental Compliance

Tenant shall comply with all applicable Minnesota environmental laws.

Utility Metering

[Specify Utility Metering Arrangements]

Parking

Tenant shall be allocated [Number] parking spaces for customer and employee parking.

Business Interruption

[Specify Business Interruption Clause]

Dispute Resolution

Any disputes arising out of this Lease shall be resolved through good-faith negotiation. If negotiation fails, the parties agree to [Mediation or Arbitration] in Minnesota.

Notices

All notices required or permitted under this Lease shall be in writing and delivered by certified mail or in person to the addresses set forth above.

Property Taxes

[Specify Compliance with local Minnesota property tax and assessment apportionment]

Telecommunications

[Specify Telecommunications and internet installations arrangements]

Alterations Affecting Life Safety

[Specify limitations on alterations affecting life safety, structural elements, or building systems]

ADA Compliance

[Specify American with Disabilities Act (ADA) compliance responsibilities]

Abandoned Property

[Address the handling of abandoned property and equipment, eviction process timelines under Minnesota law]

Redemption Period

[Address the impact of Minnesota’s redemption period in the event of eviction or foreclosure.]

Business Licensing

Tenant shall be responsible for obtaining all necessary business licenses and permits.

Relocation Rights

[Specify Relocation Rights, if any, specifying conditions]

Estoppel Certificates

Tenant agrees to execute estoppel certificates and SNDA agreements upon Landlord's request.

Entire Agreement

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

Severability

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

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of Minnesota.

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

____________________________

[Landlord's Full Legal Name]

____________________________

[Tenant's Full Legal Name]

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