New Hampshire retail lease agreement template

New Hampshire Retail Lease Agreement

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

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises located at [Property Address], specifically described as [Detailed Description of Premises, including square footage, location in building, storefront details, display window details, signage rights, access points, loading areas, parking allotment, customer and service entrances, and shared use areas].

Option B: The premises are located within the [Shopping Center Name] shopping center, at [Specific Location Within Shopping Center]. A site plan of the shopping center is attached hereto as Exhibit A.

Permitted Use

Option A: The premises shall be used and occupied solely for the purpose of operating a [Specific Type of Retail Business, e.g., Restaurant, Apparel Store, Specialty Goods Shop].

Option B: Tenant shall not use the premises for any of the following prohibited uses: [List of Prohibited Uses, e.g., adult entertainment, pawn shop, competitor to an existing exclusive use tenant].

Tenant shall comply with all applicable zoning laws, New Hampshire state and municipal commercial codes, retail trade regulations, and business licensing requirements.

Lease Term

Option A: The term of this lease shall commence on [Start Date] and shall terminate on [End Date].

Option B: Renewal Option: 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 intent to renew at least [Number] days prior to the expiration of the then-current term.

Early Termination: Tenant may terminate this lease prior to the expiration date, subject to a termination fee of [Amount or Formula for Termination Fee], and compliance with New Hampshire notice requirements.

Rent

Base Rent: The base rent shall be [Dollar Amount] per month, payable in advance on the first day of each month.

Percentage Rent: In addition to the base rent, Tenant shall pay [Percentage]% of its gross sales exceeding [Dollar Amount] per [Time Period, e.g., month, year]. Tenant shall provide Landlord with a monthly statement of gross sales, certified by Tenant, within [Number] days after the end of each month.

Common Area Maintenance (CAM) Charges: Tenant shall pay its proportionate share of common area maintenance charges, which shall include, but not be limited to, [List of CAM Charges, e.g., landscaping, snow removal, parking lot maintenance]. Tenant’s proportionate share shall be [Percentage]% of the total CAM charges.

Utility Allocation: Tenant is responsible for the direct payment of utilities, specifically [List of Utilities Tenant Pays Directly]. For utilities not directly metered (e.g., water), Tenant's share will be calculated based on [Method of Calculation, e.g., square footage].

Tenant shall pay all applicable New Hampshire-specific real estate taxes apportioned to the leased premises and any sales taxes.

Rent Payment & Security Deposit

Rent Payment Schedule: All rent payments shall be made payable to [Payee Name] and delivered to [Payment Address].

Acceptable Payment Methods: Rent payments may be made by [List of Acceptable Payment Methods, e.g., check, electronic transfer].

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. Landlord shall hold the security deposit in accordance with New Hampshire landlord-tenant law. Permitted deductions from the security deposit are: [List of Permitted Deductions].

Rent Escalations: The base rent shall increase by [Percentage]% annually, beginning on [Date].

Property Improvements

Option A: Landlord shall be responsible for the following property improvements: [List of Landlord's Improvement Responsibilities].

Option B: Tenant shall be responsible for the following property improvements: [List of Tenant's Improvement Responsibilities], subject to Landlord's prior written approval of all plans and specifications.

All improvements must comply with New Hampshire building codes and local permitting requirements.

Tenant Buildout & Alterations

Tenant Buildout: Tenant shall submit plans for all buildout and alterations to Landlord for approval prior to commencement of any work.

Landlord Approval: Landlord's approval shall not be unreasonably withheld, conditioned, or delayed.

Compliance: All work shall conform to New Hampshire building codes and local permitting requirements.

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.

Opening & Operational Requirements

Opening Requirements: Tenant shall complete all construction and obtain all necessary occupancy certificates prior to opening for business on [Date].

Minimum Operating Hours: Tenant shall maintain the following minimum operating hours: [List of Minimum Operating Hours].

Window Displays: Tenant shall maintain attractive and professional window displays at all times.

Repairs & Maintenance

Option A: Landlord shall be responsible for the following repairs and maintenance: [List of Landlord's Repair and Maintenance Responsibilities].

Option B: Tenant shall be responsible for the following repairs and maintenance: [List of Tenant's Repair and Maintenance Responsibilities, including HVAC, refrigeration, security systems, plumbing, electrical systems].

Snow and ice removal will be handled according to New Hampshire regulations.

Insurance

Tenant's Insurance: Tenant shall maintain general liability insurance with limits of not less than [Dollar Amount], and property insurance covering the premises and Tenant’s personal property. Tenant shall also maintain business interruption insurance.

Landlord's Insurance: Landlord shall maintain property and liability insurance on the building.

All insurance policies shall name Landlord as an additional insured.

Signage

Tenant shall have the right to install signage in accordance with local sign codes and ordinances.

All signage shall be subject to Landlord’s prior written approval as to size, type, and illumination.

Compliance

Tenant shall comply with all applicable fire and life safety codes, food safety regulations (if applicable), and hazardous material handling requirements, referencing all relevant New Hampshire statutes.

Tenant shall obtain and maintain all required licenses and permits. Evidence of compliance with the New Hampshire Department of Health (for food uses), local business registration, and display of all required retail or service licenses is required.

Subordination, Non-Disturbance, and Attornment

This lease shall be subordinate to any existing or future mortgages or deeds of trust encumbering the property. Landlord shall provide Tenant with a non-disturbance agreement from any mortgagee. Tenant agrees to attorn to any successor landlord.

Assignment & 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’s Right of Entry

Landlord shall have the right to enter the premises for inspection, repairs, and showings, upon reasonable notice to Tenant, except in emergencies. Landlord must adhere to New Hampshire law when providing notice and access.

Default & Remedies

If Tenant fails to pay rent or otherwise breaches this lease, Landlord shall have the right to pursue all remedies available under New Hampshire law, including eviction by summary process. Landlord must provide appropriate notice and cure periods as required by New Hampshire commercial eviction law.

End of Lease

Upon termination of this lease, Tenant shall surrender the premises in broom-clean condition, remove all trade fixtures, and comply with New Hampshire rules for handling abandoned property. Landlord shall return the security deposit within [Number] days, less any deductions for damages or unpaid rent.

Dispute Resolution

Any dispute arising out of or relating to this lease shall be resolved first through negotiation. If negotiation fails, the parties agree to submit the dispute to mediation. If mediation is unsuccessful, either party may pursue legal action in the courts of New Hampshire. This lease shall be governed by and construed in accordance with the laws of the State of New Hampshire. Venue for any legal action shall be [Name of County] County, New Hampshire.

Integration & Amendment

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties.

Taxation

Tenant acknowledges the potential application of local New Hampshire business real estate tax credits, meals and rooms tax (if applicable), and special assessments by municipal authorities affecting commercial property.

ADA Compliance

Tenant shall be responsible for complying with the Americans with Disabilities Act (ADA) and New Hampshire-specific state accessibility requirements within the leased premises.

Consumer Protection

Tenant agrees to comply with all applicable consumer protection statutes and retail advertising rules under New Hampshire law.

Disaster and Casualty

In the event of a casualty to the premises, this lease shall be affected as follows: [Details regarding rent abatement, termination rights, and restoration obligations, considering New Hampshire-specific statutory rights].

Environmental

Tenant shall comply with all environmental laws and regulations regarding the use, storage, and disposal of hazardous materials on the premises.

Guarantees

This lease is personally guaranteed by [Guarantor Name], residing at [Guarantor Address].

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this lease due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, floods, or unusually severe winter storms, common occurrences in New Hampshire.

Consumer Protection Laws

All lease obligations are subordinate to applicable state consumer protection and fair business practice laws.

Notices

All notices and communications shall comply with New Hampshire law regarding service methods, addresses, and delivery timelines and shall be sent to the addresses listed above.

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

____________________________
[Landlord Name]
Landlord

____________________________
[Tenant Name]
Tenant