Montana office lease agreement template

Montana Office Lease Agreement

This Montana Office Lease Agreement ("Agreement") is made and entered into as of this [Date] by and between [Landlord's Full Legal Name/Business Entity Name, Business Entity Type (if applicable)], with its principal place of business at [Landlord's Full Address], hereinafter referred to as "Landlord," and [Tenant's Full Legal Name/Business Entity Name, Business Entity Type (if applicable)], with its principal place of business at [Tenant's Full Address], hereinafter referred to as "Tenant." If a business entity, indicate title of authorized signer for each party [Landlord Title] and [Tenant Title].

Premises:

• The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the following described premises (the "Premises"):
  • Street Address: [Street Address]
  • Legal Description: [Legal Description per Montana land records]
  • Total Rentable Square Footage: [Square Footage]
  • Office Suite/Floor Number: [Suite/Floor Number]
  • Demarcation of Leased Premises: [Precise description of the leased area within the building. E.g., "The entire third floor as outlined in Exhibit A attached hereto."]
• Rights to use shared amenities:
  • Option A: Tenant shall have the right to use the following shared amenities: [List of shared amenities: lobbies, restrooms, elevators, meeting spaces, breakrooms, parking allocations etc.], subject to the rules and regulations established by Landlord.
  • Option B: Tenant shall not have access to any shared amenities.
• Access Rights to Building Systems: Tenant shall have access to the following building systems: [List: HVAC, security, telecommunications, fire protection, internet infrastructure], subject to Landlord's reasonable rules and regulations.

Use of Premises:

• The Premises shall be used and occupied by Tenant solely for the purpose of [Describe Permitted Use, e.g., general office use], and for no other purpose without the prior written consent of Landlord.
• Exclusive-Use/Restricted-Use Clause:
  • Option A: The Landlord agrees that during the term of this Lease, the Landlord will not lease any other space in the Building to a business that directly competes with the Tenant's [Specific Business Activity].
  • Option B: Tenant shall not use the Premises for [Prohibited Uses, e.g., medical, retail, residential, hazardous uses] without Landlord's prior written consent.
• Compliance: Tenant shall comply with all applicable local zoning ordinances and Montana Department of Labor & Industry commercial building code requirements.

Term and Renewal:

• Initial Term: The term of this Lease shall commence on [Start Date] and shall expire on [End Date], unless sooner terminated as provided herein.
• Renewal Options:
  • Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of 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: There are no renewal options for this lease.
• Right of First Refusal/Expansion:
  • Option A: If Landlord intends to lease any additional space in the Building, Tenant shall have a right of first refusal to lease such space, on terms to be negotiated in good faith.
  • Option B: Tenant does not have the right of first refusal.
• Holdover: Any holding over by Tenant after the expiration of the term shall be construed as a tenancy from month to month, subject to all the terms and conditions of this Lease, except that the monthly rent shall be [Percentage]% of the then-current monthly rent, as permitted by Montana law.
• Early Termination:
  • Option A: Tenant may terminate this Lease early by providing Landlord with [Number] days written notice and paying a termination fee equal to [Dollar Amount or Formula].
  • Option B: There are no early termination options.

Rent and Security Deposit:

• Base Rent: The base rent for the Premises shall be [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], payable in advance on the [Day] day of each month during the term hereof.
• Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], to be held by Landlord as security for the performance of Tenant's obligations under this Lease, in accordance with Montana law. The security deposit shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent, as permitted by Montana law.
• Rent Adjustment/Escalation:
  • Option A: The base rent shall be increased annually based on the Consumer Price Index (CPI) for [Specific CPI Index], with the adjustment to be effective each [Month].
  • Option B: The base rent shall increase by [Percentage]% per year, starting on [Date].
  • Option C: The base rent shall remain fixed for the entire lease term.
• Late Payment Fees: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount or Percentage]% (not to exceed limits permitted by Montana law) will be charged.
• Property Taxes:
  • Option A: Landlord shall pay all property taxes.
  • Option B: Tenant shall pay a pro rata share of the property taxes attributable to the Premises.
• Type of Lease:
  • Option A: Gross Lease: Rent includes all operating expenses.
  • Option B: Modified Gross Lease: Tenant pays base rent plus [List of expenses Tenant pays, e.g., utilities, janitorial].
  • Option C: Triple Net (NNN) Lease: Tenant pays base rent plus its pro rata share of operating expenses, including but not limited to property taxes, insurance, and common area maintenance.

Common Area Maintenance (CAM) and Utilities:

• CAM Fees: If applicable, Tenant shall pay its pro rata share of CAM fees, which may include, but are not limited to, [List of CAM expenses, e.g., landscaping, parking lot maintenance, security].
• Utilities:
  • Option A: Landlord shall be responsible for all utilities, including electric, water, internet, and janitorial services.
  • Option B: Tenant shall be responsible for paying for the following utilities directly to the utility provider: [List Utilities, e.g., electric, water, internet].
  • Option C: Landlord provides utilities, Tenant reimburses Landlord based on [Specify submetering or allocation method].
• Snow and Ice Removal: Landlord shall be responsible for snow and ice removal.
• Trash Disposal: [Specify responsibility for trash disposal, e.g., Landlord provides dumpster, Tenant arranges for private service].

Tenant Improvements and Alterations:

• Tenant Improvements: Any tenant improvements shall be subject to Landlord's prior written approval. All improvements shall become the property of the Landlord upon termination of the Lease, unless otherwise agreed in writing.
• Alterations: Tenant shall not make any alterations to the Premises without the prior written consent of Landlord.
• Signage: All signage must be approved by Landlord in writing and must comply with applicable local ordinances.
• ADA Compliance: Any ADA accessibility upgrades shall be subject to Landlord's approval and compliance with Montana Human Rights Bureau guidance.

End of Lease and Restoration:

• Restoration: Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing.
• Removal of Property: Tenant shall remove all of its personal property from the Premises upon termination of this Lease. Any property left behind shall be deemed abandoned and may be disposed of by Landlord at Tenant's expense.
• Holdover Rent: In the event Tenant holds over after the expiration or termination of this Lease, Tenant shall pay holdover rent at a rate of [Percentage]% of the then-current monthly rent, and Landlord may pursue eviction remedies under Montana unlawful detainer rules.
• Inventory: A joint inventory of property condition at move-in and move-out, per Montana practice will be conducted.

Repair and Maintenance:

• Landlord's Responsibilities: Landlord shall be responsible for maintaining the structural integrity of the building, including the roof, foundation, and exterior walls.
• Tenant's Responsibilities: Tenant shall be responsible for maintaining the interior of the Premises, including but not limited to lighting, HVAC systems (if exclusively serving the premise), electrical and plumbing fixtures, pest control, windows and doors, and emergency exits.
• Notification: Tenant shall promptly notify Landlord of any property damage or personal injury occurring on the Premises.

Compliance with Laws:

Tenant shall comply with all applicable state and local office occupancy and health ordinances, Montana Occupational Safety & Health rules, and fire safety or evacuation plans.

Insurance:

Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount], property insurance covering Tenant's personal property, and business interruption insurance. Landlord shall be named as an additional insured on Tenant's commercial general liability policy. Waiver of subrogation is required.

Environmental Matters:

Tenant shall not use or store any hazardous substances on the Premises without Landlord's prior written consent, and in compliance with all applicable Montana DEQ environmental standards. Tenant shall indemnify Landlord against any claims arising from Tenant's use of hazardous substances.

Liability and Indemnification:

Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, liabilities, and expenses arising from Tenant's use of the Premises, except to the extent caused by Landlord's negligence or willful misconduct.

Casualty:

If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises as soon as reasonably possible. Rent shall be abated during the period of repair, to the extent the Premises are unusable. If the Premises are rendered totally unusable, Landlord may terminate this Lease. Provisions related to snow load, hail, etc., common in Montana, are incorporated.

Assignment and Subletting:

Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld. Landlord may require background and financial documentation for proposed subtenants.

Quiet Enjoyment:

Landlord warrants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease, subject to Tenant's performance of all of its obligations hereunder. This Lease is subordinate to any existing or future mortgages.

Building Rules and Regulations:

Tenant shall comply with all reasonable rules and regulations established by Landlord for the Building.

Security Deposit Return:

Landlord shall return the security deposit to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent, along with a written statement of account, as required by Montana statutes.

Notices:

All notices shall be in writing and shall be deemed to be duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier, to the addresses set forth above.

Governing Law and Venue:

This Lease shall be governed by and construed in accordance with the laws of the State of Montana. Venue for any disputes shall be in [County Name] County, Montana.

Dispute Resolution:

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, or arbitration (in Montana), before resorting to court action.

Attorney Fees:

In the event of any litigation or other proceeding to enforce this Lease, the prevailing party shall be entitled to recover its reasonable attorney fees and costs.

Taxes:

Landlord warrants that the property is tax compliant. Tenant/Landlord obligations regarding Montana-issued business licenses or occupancy permits as required for office use. Business personal property reclassification and tax assessment appeal rights for tenant improvements that are taxable will be followed.

Compliance with Anti-Discrimination Laws:

Both parties shall comply with all anti-discrimination, accessibility, and employee safety laws as outlined by the Montana Human Rights Act and city ordinances.

Entire Agreement:

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.

Amendments:

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

Severability:

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

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

[Landlord's Full Legal Name/Business Entity Name]

By: [Landlord's Signature]

Name: [Landlord's Printed Name]

Title: [Landlord Title]

[Tenant's Full Legal Name/Business Entity Name]

By: [Tenant's Signature]

Name: [Tenant's Printed Name]

Title: [Tenant Title]

Exhibits:

• Exhibit A: Property Floor Plan
• Exhibit B: Building Rules and Regulations
• Exhibit C: Condition Checklist
• Exhibit D: Improvement Standards
• Exhibit E: Insurance Certificates
• Exhibit F: Montana-Mandated Disclosures (if applicable)