Mississippi restaurant lease agreement template

Mississippi Restaurant Lease Agreement

This Mississippi Restaurant Lease Agreement (the “Agreement”) is made and entered into as of [Date], by and between:

[Landlord Name], residing at [Landlord Address], and being an individual / a limited liability company / a corporation (the “Landlord”)

AND

[Tenant Name], residing at [Tenant Address], and being an individual / a limited liability company / a corporation (the “Tenant”).

Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises located at [Street Address], [City], Mississippi, with the following legal description: [Legal Description] (the “Premises”).

The Premises consists of approximately [Square Footage] square feet, including but not limited to:

• Kitchen Area
• Dining Area
• Restrooms
• Storage Area
• Outdoor Seating/Patio Area (if applicable)
• Drive-Thru Lane (if applicable)
• Parking Area (if applicable)

The Premises includes the following fixtures and equipment: [List of Fixtures and Equipment, e.g., Hood System, Ventilation, Walk-in Freezers, Fire Suppression System, Built-in Bar].

Use of Premises

The Premises shall be used solely for the purpose of operating a restaurant and/or food and beverage service business, including:

• Option A: Dine-in service
• Option B: Carry-out service
• Option C: Catering service
• Option D: Bar service (subject to required licenses)

The Tenant shall not use the Premises for any other purpose without the Landlord’s prior written consent.

The Tenant shall not sublease the Premises or assign this Agreement without the Landlord’s prior written consent, which consent shall not be unreasonably withheld under Mississippi law.

Compliance with Laws

The Tenant shall comply with all applicable Mississippi zoning laws, local health department codes, food safety requirements (including Mississippi State Department of Health regulations), alcohol licensing restrictions, waste disposal ordinances, smoke-free laws, and hours of operation permitted by local authority.

The Tenant shall obtain and maintain all required restaurant business permits, health inspection certificates, fire marshal approval, signage permits, and alcoholic beverage licenses (if needed). The Tenant is responsible for ADA accessibility compliance as interpreted under Mississippi law.

Lease Term

The initial term of this Lease shall be [Number] years, commencing on [Start Date] (the “Commencement Date”) and terminating on [End Date] (the “Termination Date”).

If a fit-out period is required:

• Option A: The Tenant shall have a fit-out period of [Number] days commencing on [Fit-Out Start Date] and ending on [Fit-Out End Date]. Rent shall be abated during this fit-out period.

Renewal Option:

• Option A: The Tenant shall have the option to renew this Lease for [Number] additional terms of [Number] years each, provided that the Tenant gives the Landlord written notice of its intention to renew at least [Number] months prior to the Termination Date.

Early Termination:

• Option A: The Tenant shall have the right to terminate this Lease early by providing [Number] months’ written notice to the Landlord and paying a termination fee of [Dollar Amount].
• Option B: There are no early termination options for the Tenant.

Landlord Termination: The Landlord may terminate this Lease upon the occurrence of a Tenant default, condemnation of the premises, or non-compliance with operational laws.

Rent

The monthly base rent for the Premises shall be [Dollar Amount], payable in advance on the [Day] day of each month, commencing on [Rent Commencement Date].

Rent Commencement Date:

• Option A: The Rent Commencement Date will be the same as the Lease Commencement Date.
• Option B: The Rent Commencement Date will be upon the grand opening of the restaurant, no later than [Date].

Rent Escalation:

• Option A: The monthly base rent shall increase by [Percentage]% per year, commencing on the first anniversary of the Rent Commencement Date.
• Option B: The monthly base rent shall increase to [Dollar Amount] on [Date].
• Option C: There will be no rent escalation during the lease term.

Percentage Rent (If Applicable):

In addition to the monthly base rent, the Tenant shall pay to the Landlord [Percentage]% of its gross sales (as defined below) exceeding [Dollar Amount] per year.

Gross sales shall be defined as all revenue derived from the operation of the restaurant, including sales of food, beverages, merchandise, and catering services, less sales taxes remitted to the Mississippi Department of Revenue.

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

Rent Abatement: In the event of a force majeure event or a required government shutdown, the Tenant shall be entitled to a rent abatement proportional to the period of closure.

Rent Payments: Rent shall be paid by [Payment Method, e.g., Check, Wire Transfer] to the Landlord at [Payment Address].

Common Area Maintenance (CAM)

The Tenant shall pay its pro rata share of all Common Area Maintenance (CAM) expenses, which shall include, but not be limited to, the costs of maintaining the common areas, real property taxes, local restaurant privilege taxes, insurance, and utilities.

The Tenant's pro rata share of CAM expenses shall be [Percentage]% of the total CAM expenses.

Utilities include:

• Water
• Sewer
• Electrical
• Natural Gas
• Grease Trap Cleaning
• Waste Handling (including used cooking oil disposal in compliance with Mississippi environmental standards)

The Landlord shall provide the Tenant with a detailed statement of CAM expenses on a [Frequency, e.g., Monthly, Quarterly, Annual] basis. Reconciliation will occur [Frequency]

Tenant's utility expenses are directly metered.

Maintenance and Repairs

The Landlord shall be responsible for maintaining the structure, roof, and exterior of the Premises, including:

• HVAC systems (unless damage is due to tenant misuse).

The Tenant shall be responsible for maintaining the interior of the Premises, including:

• Kitchen hood/exhaust system cleaning.
• Fire suppression system inspections.
• Pest control.
• Refuse equipment.
• All specialized restaurant equipment.

Tenant is responsible for all damages caused by Tenant's negligence or misuse.

Alterations and Improvements

The Tenant shall not make any alterations or improvements to the Premises without the Landlord’s prior written consent.

All alterations and improvements shall be completed in accordance with all applicable building codes and regulations.

Upon termination of this Lease, the Tenant shall:

• Option A: Remove all alterations and improvements and restore the Premises to its original condition.
• Option B: Leave all alterations and improvements on the Premises, and they shall become the property of the Landlord.

Insurance

The Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

If serving alcohol, the Tenant shall maintain liquor liability insurance with minimum limits of [Dollar Amount].

The Tenant shall maintain fire and extended coverage insurance on the Premises, naming the Landlord as an additional insured.

Indemnification

The Tenant shall indemnify and hold harmless the Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of or relating to the Tenant’s use of the Premises, or any act or omission of the Tenant, its employees, agents, or invitees.

Inspection

The Landlord shall have the right to enter the Premises at any reasonable time to inspect the Premises and to make any necessary repairs or alterations.

The Landlord shall provide the Tenant with at least [Number] hours’ prior written notice of its intention to enter the Premises, except in the event of an emergency.

Fire Safety & Health Codes

The Tenant shall comply with all local fire safety, egress, and occupancy codes. The Tenant will provide copies of annual health inspection or fire marshal certificates to the Landlord.

Nuisance and Quiet Enjoyment

The Tenant shall not use the Premises in a manner that creates a nuisance or disturbs the quiet enjoyment of other tenants or occupants of the building.

The Tenant shall control cooking odors, noise, trash, and pests. The Tenant shall install/maintain grease traps and odor control equipment compliant with city/county ordinances.

Disaster Recovery and Casualty

In the event of a fire or other casualty, the Tenant shall immediately notify the Landlord.

If the Premises are damaged or destroyed, the Landlord shall have the option to repair or rebuild the Premises, or to terminate this Lease. Rent shall be abated during closure for restoration.

Condemnation

If the Premises are condemned or taken by eminent domain, this Lease shall terminate.

Default and Remedies

If the Tenant fails to pay rent when due, or if the Tenant breaches any other provision of this Lease, the Landlord shall have the right to terminate this Lease and to pursue any other remedies available at law or in equity, including eviction.

Cure Period: The Tenant shall have [Number] days to cure any default after receiving written notice from the Landlord.

Move-In/Move-Out

The Tenant shall deliver the premises in a clean, code compliant condition with functioning kitchen equipment.

Upon termination of this Lease, the Tenant shall remove all of its personal property and trade fixtures from the Premises, and shall leave the Premises in a clean and orderly condition, removing all food inventory, restoring specialized fixtures, cleaning grease traps, and repairing all food-service related damage.

Signage

The Tenant shall have the right to install signage on the Premises, subject to the Landlord’s approval and all applicable local sign ordinances.

Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through mediation in [City], Mississippi, before resorting to litigation.

This Lease shall be governed by and construed in accordance with the laws of the State of Mississippi. Venue for any legal action shall be in [County] County, Mississippi.

Disclosures

[Insert any required disclosures, such as environmental, flood zone, or fire risk disclosures].

Security Deposit

The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount], to be held by the Landlord as security for the Tenant's performance of its obligations under this Lease. The security deposit will be handled according to Mississippi law.

Mississippi Taxes

The tenant shall be responsible for complying with Mississippi’s Business Personal Property Tax for restaurant furniture/fixtures, Mississippi Department of Revenue sales tax collection and reporting, and any local hospitality tax requirements.

Entire Agreement

This Agreement 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.

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

____________________________

[Landlord Name], Landlord

____________________________

[Tenant Name], Tenant