New Hampshire warehouse lease agreement template

New Hampshire Warehouse Lease Agreement

This New Hampshire Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type] with its principal place of business at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type] with its principal place of business at [Tenant Address] ("Tenant").

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises located at [Street Address], in the County of [County], State of New Hampshire, identified as Tax Map/Lot Number [Tax Map/Lot Number] (the "Premises").

The Premises consists of approximately [Square Footage] square feet with a clear ceiling height of [Ceiling Height] feet.

The Premises includes [Number] loading docks with dimensions of [Loading Dock Dimensions] and [Number] loading doors. Access points are located at [Access Point Locations].

The Premises includes the following:

• Option A: Dedicated yard/trailer parking area as delineated on Exhibit [Exhibit Number].
• Option B: Shared/common areas, including loading bays, office buildouts, restrooms, and mechanical rooms.

2. Use of Premises

The Premises shall be used solely for [Permitted Use, e.g., warehouse, storage, distribution, light industrial], and ancillary uses related thereto.

The following uses are expressly prohibited:

• Residential occupancy.
• Storage of hazardous materials beyond legally allowable limits under applicable state and federal laws.
• Any use that conflicts with local zoning ordinances or New Hampshire state law.

3. Compliance with Laws

Landlord represents that the Premises is in compliance with local zoning ordinances and has obtained all necessary occupancy permits or conditional use approvals from New Hampshire local authorities.

Tenant shall comply with all applicable state and municipal codes, including state fire/safety inspections, NH Department of Environmental Services rules, and fire marshal regulations.

4. Term

The term of this Agreement shall commence on [Start Date] and expire on [End Date].

Option A: Renewal Option. Tenant shall have the option to renew this Agreement for [Number] additional term(s) of [Duration] each, provided 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: No Renewal Option. There is no option to renew.

Holdover. Any holdover by Tenant after the expiration of the term shall be governed by New Hampshire law.

5. Rent

The base rent for the Premises shall be [Dollar Amount] per [Month/Quarter].

A security deposit of [Dollar Amount] shall be paid by the Tenant to the Landlord upon execution of this Lease, to be held in [Bank Name, Branch Location per NH RSA 540-A].

Option A: Rent Escalation. The base rent shall increase by [Percentage]% annually.

Option B: Rent Escalation. The base rent shall increase based on the Consumer Price Index (CPI) as published by the Bureau of Labor Statistics.

Rent shall be payable [Frequency, e.g., monthly] in advance on the [Day] day of each [Month/Quarter].

Payment methods: [Payment Methods, e.g., check, wire transfer].

Late Fee: A late fee of [Dollar Amount] or [Percentage]% (up to the maximum allowed by New Hampshire law) will be charged for rent payments received more than [Number] days after the due date.

Returned Check Fee: A fee of [Dollar Amount] will be charged for returned checks.

Rent includes:

• Option A: Property taxes, insurance, and CAM charges.
• Option B: Base rent only, with property taxes, insurance, and CAM charges being the responsibility of the [Landlord/Tenant] as specified below.

6. Property Taxes and Assessments

[Landlord/Tenant] shall be responsible for the payment of property taxes and special assessments.

Option A: If the Tenant is responsible for property taxes, the procedure for negotiation and allocation of such taxes shall be as follows: [Description of procedure].

Option B: Landlord is responsible for property taxes.

Landlord shall disclose any current or pending tax abatements affecting the warehouse.

7. Utilities

The following utilities are provided to the Premises: [List of Utilities, e.g., electricity, gas, water, sewer, trash, snow plowing/removal, landscaping].

Option A: Direct Metering. Utilities are directly metered to the Premises, and the Tenant is responsible for contracting and paying for all utilities.

Option B: Submetering. Utilities are submetered to the Premises, and the Tenant is responsible for paying the Landlord for its utility usage as determined by the submeter.

Option C: Landlord responsibility. Landlord shall be responsible for paying the cost of the following utilities: [Utilities]

Remedies for utility interruptions: [Description of remedies].

8. Maintenance and Repair

Landlord Responsibilities: [Landlord's Maintenance Responsibilities, e.g., roof, structural components].

Tenant Responsibilities: [Tenant's Maintenance Responsibilities, e.g., interior repairs, loading docks, sprinkler system maintenance].

The implied warranty of habitability and New Hampshire law concerning "fit for intended use" shall apply.

9. Tenant Improvements

Option A: Tenant Improvement Allowance. Landlord shall provide a tenant improvement allowance of [Dollar Amount] for improvements to the Premises.

Option B: No Tenant Improvement Allowance. No tenant improvement allowance is provided.

Approval procedure for alterations: [Description of approval procedure, including permit requirements and restoration obligations].

10. Inspection and Access

Landlord shall have the right to enter the Premises for inspection and repair upon [Number] hours' advance notice to Tenant, in accordance with New Hampshire law.

Emergency access is permitted without notice.

11. Insurance

Tenant shall maintain state-compliant liability, property, and casualty insurance with minimum coverage limits of [Dollar Amount], naming Landlord as an additional insured.

Tenant shall also maintain business interruption and contents insurance.

Waiver of subrogation shall apply.

12. Environmental Compliance

Tenant shall comply with all local, state, and federal environmental laws, including those of the NH DES and EPA.

Procedures for reporting and remediating spills: [Description of procedures].

Tenant shall indemnify Landlord for any environmental violations.

Landlord shall disclose any pre-existing contamination.

13. Pest Control and Snow/Ice Management

[Landlord/Tenant] shall be responsible for pest control.

[Landlord/Tenant] shall be responsible for snow and ice management.

Frequency and emergency response standards: [Description of standards].

14. Use of Outside Areas

Rules for use of outside areas: [Description of rules, including compliance with municipal ordinances and abutter rights].

Hours of permitted deliveries or operations: [Description of hours].

15. Permits and Compliance

Tenant shall maintain a certificate of occupancy and all required state/local fire permits.

Tenant shall ensure clear paths of egress and compliance with ADA and the New Hampshire Architectural Barriers Act.

16. Subletting and Assignment

Tenant shall not sublet or assign this Agreement without Landlord's written consent, which shall not be unreasonably withheld. Landlord may evaluate any prospective transferees for financial and operational fitness for warehousing.

17. Default and Remedies

Events of default: [Description of events of default].

Cure periods: [Description of cure periods per NH law].

Eviction procedures shall conform with New Hampshire RSA 540.

Landlord's self-help remedies: [Description of remedies, including rekeying and removal of goods, with proper notice and statutory compliance].

18. Casualty

Procedures for casualty events (fire, flood, roof collapse, etc.): [Description of procedures].

Responsibility for property insurance claims: [Description of responsibility].

Options for rent abatement or early lease termination due to major casualty or condemnation under New Hampshire statutes: [Description of options].

19. Move-In and Move-Out

Move-in inspection and punch list: [Description of procedure].

Tenant shall return the Premises in "broom clean and empty" condition.

Treatment and disposal of abandoned property shall be governed by New Hampshire law.

Deadline for security deposit return and itemized deductions: [Description of deadline].

20. Dispute Resolution

Dispute resolution process: [Description of process, prioritizing negotiation, mediation, or arbitration, with New Hampshire venue, governing law, and local court jurisdiction].

Fees and attorney's fees: [Description of fees and attorney's fees provisions].

21. Anti-Discrimination

All parties shall comply with federal and New Hampshire anti-discrimination and fair housing/business practices laws.

22. Association Rules

If the Premises is part of a condominium, homeowners' or owners' association, or within a special industrial park, the applicable association rules, assessments, and usage restrictions are attached as Exhibit [Exhibit Number].

23. Disclosures

[Disclosures, such as radon, lead paint (if pre-1978 construction), or real estate brokerage agency relationships, as required under New Hampshire statutes].

24. Notices

All notices shall be in writing and delivered by [Delivery Methods, e.g., certified mail, overnight courier] to the addresses set forth above. Notice requirements shall comply with New Hampshire state notice requirements.

25. Exhibits

• Exhibit A: Floorplan of the Premises
• Exhibit B: Permitted Use List
• Exhibit C: Existing Equipment/Furniture to Remain
• Exhibit D: Snow Removal Plan
• Exhibit E: Municipal Permits
• Exhibit F: Association Rules (if applicable)

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

Landlord:

____________________________

[Landlord Name]

By: __________________________

[Landlord Representative Name]

Title: [Title]

Tenant:

____________________________

[Tenant Name]

By: __________________________

[Tenant Representative Name]

Title: [Title]