New Hampshire office lease agreement template

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How New Hampshire office lease agreement Differ from Other States

  1. New Hampshire requires specific disclosures regarding fire protection and lead paint that may not be required in other states.

  2. Unlike some states, New Hampshire does not have statutory limits on the amount of security deposit for commercial leases.

  3. New Hampshire law allows for expedited eviction processes for commercial tenants under certain default situations.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease required for office rentals in New Hampshire?

    A: A written lease is not legally required, but it is highly recommended for clarity and enforceability.

  • Q: Are there any mandatory disclosures in a New Hampshire office lease?

    A: Yes, disclosures about lead-based paint and fire protection features must be provided in certain circumstances.

  • Q: Can a landlord raise the rent at any time during the lease term?

    A: No, rental increases can only occur if specified in the lease terms and agreed by both parties.

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New Hampshire Office Lease Agreement

This New Hampshire Office Lease Agreement is made and entered into as of this [Date], by and between [Landlord Full Legal Name], residing at [Landlord New Hampshire Address] ("Landlord"), and [Tenant Full Legal Name], residing at [Tenant New Hampshire Address] ("Tenant").

Premises: Landlord leases to Tenant, and Tenant leases from Landlord, the office premises located at [Municipal Property Address], in the building known as [Building Name, if applicable], Suite/Unit number [Suite/Unit Number], with a rentable area of [Rentable Square Footage] square feet, as measured according to local standards.

Description of Office Space and Amenities: The office space is located on the [Floor Location] floor and includes the following:

  • Access: [Description of access points, including keycard system if applicable]
  • Windows: [Description of window rights]
  • Parking: [Description of parking rights, including number of spaces, reserved/unreserved, and any associated fees]
  • Common Areas: Tenant shall have the right to use the following common areas: [List of common areas, e.g., conference rooms, restrooms, break areas, elevators]
  • Building Amenities: [List Building Amenities: HVAC, security systems, mail delivery, telecommunications infrastructure, ADA accessibility, and trash disposal]

Permitted Use:

  • Option A: The premises shall be used exclusively for general office purposes and activities permitted under New Hampshire zoning ordinance [Zoning Ordinance Number].
  • Option B: The premises shall be used exclusively for [Specific Office Use, e.g., medical office, law office] purposes and activities permitted under New Hampshire zoning ordinance [Zoning Ordinance Number].
  • The Tenant is responsible for compliance with building regulations, owners' association bylaws (if any), and applicable New Hampshire building and safety codes.
  • Tenant shall not use the premises for any residential purpose or any other commercial activity without the Landlord’s prior written consent.

Lease Term:

  • Initial Term: The initial term of this lease shall be for a period of [Number] years, commencing on [Commencement Date] and expiring on [Expiration Date].
  • Option A: Renewal Option: Tenant shall have the option to renew this lease for [Number] additional term(s) of [Number] years each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the expiration of the then-current term.
  • Option B: Extension Option: Tenant shall have the option to extend this lease for [Number] additional months, provided that Tenant gives Landlord written notice of its intention to extend at least [Number] months prior to the expiration of the then-current term.
  • Option C: No renewal or extension options.
  • Early Termination: Early termination is permitted only under the following circumstances [State Allowable Grounds, e.g., Landlord default] and with [Number] months' written notice.

Rent:

  • Base Rent: The base rent for the premises shall be [Dollar Amount] per rentable square foot per year, payable in monthly installments of [Dollar Amount].
  • Payment Frequency: Rent shall be payable monthly in advance on the first day of each month.
  • Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for Tenant's performance of its obligations under this lease. Permissible deductions will be in accordance with New Hampshire law.
  • Escalation Clause:
    • Option A: The base rent shall increase annually by [Percentage] percent.
    • Option B: The base rent shall be subject to adjustment based on the Consumer Price Index (CPI) for [Specific CPI Area], as published by the U.S. Department of Labor, Bureau of Labor Statistics.
  • Late Payment Penalty: Any rent payment received more than [Number] days after the due date shall be subject to a late payment penalty of [Dollar Amount] or [Percentage] percent of the overdue amount, whichever is greater, up to the maximum permitted by New Hampshire law.
  • Property Taxes:
    • Option A: Landlord shall be responsible for the payment of all real property taxes assessed against the property.
    • Option B: Tenant shall be responsible for its pro rata share of any increase in real property taxes assessed against the property above the base tax year of [Year].

Common Area Maintenance (CAM) Charges:

  • Tenant shall pay its pro rata share of all CAM charges, including but not limited to:
    • Building Management Fees: [Description of Building Management Fees]
    • Utilities: [Specify which utilities are metered, sub-metered, or allocated by square footage]
    • Janitorial Services: [Define responsibilities for janitorial services – Landlord vs. Tenant]
    • Snow Removal and Grounds Maintenance: [Details on snow removal and grounds maintenance]
    • Landscaping: [Specific landscaping details]
    • Elevator Maintenance: [Elevator Maintenance Details]
    • HVAC: [HVAC system maintenance standards]
    • Pest Control: [Pest Control Provisions]
  • Alterations and Improvements: Tenant shall not make any alterations or improvements to the premises without the Landlord's prior written consent, which shall not be unreasonably withheld.

Tenant Improvements and Equipment:

  • Option A: Tenant shall have the right to make improvements to the premises at its own expense, subject to Landlord's prior written approval.
  • Option B: Landlord will complete the following improvements to the premises prior to the commencement of the lease: [List of improvements].
  • Tenant shall be responsible for the installation and maintenance of its own office equipment, including IT/telecom systems, heavy business machines, and kitchenettes, in compliance with all applicable New Hampshire codes and regulations.
  • Hazardous Materials: Tenant shall not store or use any hazardous materials on the premises without the Landlord's prior written consent and in compliance with all applicable New Hampshire environmental laws.
  • Restoration: Upon the expiration or termination of this lease, Tenant shall restore the premises to its original condition, reasonable wear and tear excepted.

Repairs and Maintenance:

  • Option A: Landlord shall be responsible for all structural repairs to the building and premises. Tenant shall be responsible for all ordinary repairs to the premises.
  • Option B: Landlord is responsible for ordinary repairs, but Tenant will be responsible for damage caused by Tenant’s negligence.
  • Reporting Procedures: Tenant shall promptly notify Landlord of any damage to the premises.
  • Emergency Procedures: [Describe Emergency Procedures and Compliance Expectations under New Hampshire fire and emergency codes]

Insurance and Indemnification:

  • Tenant Insurance: Tenant shall maintain commercial general liability insurance, tenants’ improvements and betterments insurance, and business interruption insurance, each with minimum coverage limits of [Dollar Amount].
  • Landlord Insurance: Landlord shall maintain insurance on the building and premises.
  • Indemnification: Tenant shall indemnify and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, and expenses arising out of Tenant's use of the premises, subject to the limitations on liability permitted under New Hampshire law.

Access and Quiet Enjoyment:

  • Landlord shall grant Tenant quiet enjoyment of the premises during the term of this lease.
  • Landlord shall have the right to enter the premises upon reasonable notice to Tenant, except in cases of emergency.
  • Building Access Control and Security: [Office hours, after-hours entry, keycard and locking systems, visitor logs]

Assignment and Sublease:

  • Tenant shall not assign this lease or sublet the premises without the Landlord's prior written consent, which shall not be unreasonably withheld as defined under New Hampshire statute.

Move-In and Move-Out:

  • Move-In Inspection: Landlord and Tenant shall conduct a move-in inspection of the premises prior to the commencement of the lease and complete a written inspection report.
  • Move-Out Inspection: Landlord and Tenant shall conduct a move-out inspection of the premises within [Number] days after the termination of the lease and complete a written inspection report.
  • Security Deposit Return: Landlord shall return the security deposit to Tenant, less any deductions for damages or unpaid rent, within [Number] days after the termination of the lease, in accordance with New Hampshire law.

Default and Remedies:

  • If Tenant fails to pay rent when due or otherwise breaches this lease, Landlord shall have the right to terminate this lease and pursue all available remedies under New Hampshire law, including eviction and collection of damages.
  • Default Procedures: Deadlines for curing breaches, landlord’s rights to re-entry or re-letting, procedures for collection of damages, acceleration or forfeiture options.

Dispute Resolution:

  • Any dispute arising out of or relating to this lease shall be resolved through [Negotiation, Mediation, or Arbitration] in [City, New Hampshire].
  • This lease shall be governed by and construed in accordance with the laws of the State of New Hampshire.

Notices:

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

Compliance with Laws:

  • Tenant shall comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to New Hampshire RSA Chapter 540, state fire and building codes, and ADA requirements.

Force Majeure:

  • Neither party shall be liable for any failure to perform its obligations under this lease if such failure is caused by an event of force majeure, including but not limited to acts of God, war, terrorism, or government regulation.

Estoppel Certificate:

  • Tenant agrees to execute and deliver to Landlord, within [Number] days of request, an estoppel certificate confirming the terms of this lease.

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.

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

[Landlord Full Legal Name]

By: [Landlord Signature]

[Tenant Full Legal Name]

By: [Tenant Signature]

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