New Jersey warehouse lease agreement template

New Jersey Warehouse Lease Agreement

This Warehouse Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type], with an address at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type], with an address at [Tenant Address] ("Tenant").

1. Premises

The Landlord leases to the Tenant and the Tenant leases from the Landlord, the warehouse space located at [Property Address], in the municipality of [Municipality], County of [County], State of New Jersey, being designated as Block [Block Number], Lot [Lot Number] on the official tax map of said municipality. The warehouse space consists of approximately [Square Footage] square feet.

The Premises includes the following:

• Option A: Warehouse space.
• Option B: Loading docks (number and capacity: [Loading Dock Details]).
• Option C: Driveways and parking areas.
• Option D: Office areas within the warehouse.
• Option E: Outside storage (detailed description: [Outside Storage Description]).
• Refer to site plan attached as Exhibit A (if applicable).

2. Use of Premises

The Premises shall be used solely for [Permitted Use - e.g., warehouse, distribution, light industrial].

The Tenant shall not use the Premises for any purpose that violates any applicable New Jersey state, county, or municipal laws, including zoning ordinances, environmental regulations, and fire codes. The Tenant must obtain all necessary permits and approvals.

The following uses are expressly prohibited:

• Option A: Manufacturing (unless specifically approved in writing by Landlord).
• Option B: Retail sales (unless specifically approved in writing by Landlord).

3. Lease Term

The Lease Term shall commence on [Commencement Date] and expire on [Expiration Date].

Renewal Option:

• Option A: Tenant shall have the option to renew this Lease for an additional term of [Renewal Term Length], subject to the following conditions: Tenant must provide written notice of its intent to renew at least [Notice Period] prior to the expiration of the initial Lease Term.
• Option B: No renewal option.

Holdover: Any holdover by the Tenant after the expiration of the Lease Term shall be deemed a month-to-month tenancy, subject to a rental rate of [Holdover Rent Percentage]% of the then-current Base Rent. Tenant is responsible for providing any updated Certificates of Occupancy or zoning compliance documents.

4. Rent

Base Rent: The Base Rent shall be [Base Rent Amount] per year, payable in equal monthly installments of [Monthly Rent Amount], in advance, on the first day of each month.

Payment Method:

• Option A: Payment shall be made by check payable to [Payee] and delivered to [Payment Address].
• Option B: Payment shall be made by wire transfer to the following account: [Bank Name, Account Number, Routing Number].

Rent Escalation:

• Option A: The Base Rent shall be increased annually based on the Consumer Price Index (CPI) for the [CPI Region] area, with the adjustment taking effect on each anniversary of the Commencement Date. The increase shall be equal to the percentage increase in the CPI over the preceding twelve (12) month period.
• Option B: The Base Rent shall increase by [Percentage]% on each anniversary of the Commencement Date.
• Option C: No rent escalation.

Lease Structure:

• Option A: Triple Net (NNN) Lease.
• Option B: Gross Lease.

5. Real Property Taxes and Assessments

Triple Net (NNN) Lease: Tenant shall pay its proportionate share of all real property taxes, PILOT charges, sewer and utility taxes, garbage/recycling fees, stormwater fees, and other local assessments levied against the property. Tenant's proportionate share shall be [Tenant's Share]% of the total amount due.

Payment of Taxes: Tenant shall make direct payments of taxes to the appropriate taxing authority or to the Landlord.

• Option A: Direct payments to taxing authority, with proof of payment to Landlord.
• Option B: Payment to Landlord within [Number] days of receiving the invoice.

6. Security Deposit

The Tenant shall deposit with the Landlord a security deposit in the amount of [Security Deposit Amount], which shall be held by the Landlord in an escrow account in compliance with New Jersey law. Landlord is prohibited from commingling the security deposit with other funds.

Use of Security Deposit: The Landlord may use the security deposit to cover any damages to the Premises caused by the Tenant, unpaid rent, or any other breach of this Agreement by the Tenant.

Return of Security Deposit: The Landlord shall return the security deposit to the Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent.

7. Utilities

The following utilities shall be the responsibility of the Tenant:

• Option A: Electric.
• Option B: Gas.
• Option C: Water.
• Option D: Sewer.
• Option E: Trash removal.

The following utilities shall be the responsibility of the Landlord:

• Option A: Snow removal (parking lots only).
• Option B: None.

8. Maintenance and Repairs

Landlord's Responsibilities: The Landlord shall be responsible for maintaining the roof, structural components of the building, and common areas (excluding those specifically assigned to Tenant).

Tenant's Responsibilities: The Tenant shall be responsible for maintaining the interior of the Premises, including HVAC systems and mechanical equipment within the Premises, and shall be responsible for any repairs necessitated by Tenant's use or negligence.

HVAC Maintenance:

• Option A: Landlord responsible for HVAC maintenance.
• Option B: Tenant responsible for HVAC maintenance, must use a licensed HVAC contractor.

9. Tenant Improvements

The Tenant shall not make any alterations or improvements to the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld.

Permits: The Tenant shall be responsible for obtaining all necessary permits and approvals for any Tenant Improvements, and shall comply with the New Jersey Uniform Construction Code and municipal building permits.

Restoration: Upon termination of this Lease, the Tenant shall restore the Premises to its original condition, unless otherwise agreed in writing by the Landlord.

10. Warehouse Operations

Hours of Access: The Tenant shall have access to the Premises [Number] hours per day, [Number] days per week.

Truck/Trailer Access: The Tenant shall have the right to use the truck and trailer access areas in a reasonable manner, subject to the Landlord's rules and regulations.

Security: The Tenant shall be responsible for maintaining the security of its own operations within the Premises. The Landlord may provide security measures such as alarms and video surveillance, but shall not be liable for any loss or damage to the Tenant's property.

Hazardous Materials: The Tenant shall not store or use any flammable or hazardous materials on the Premises without the Landlord's prior written consent and compliance with all applicable New Jersey Department of Environmental Protection (NJ DEP) regulations. Tenant must provide any required NJ DEP environmental reporting.

Environmental Contamination: Tenant is responsible for proper procedures in the event of discovering any environmental contamination.

11. Compliance with Laws

The Tenant shall comply with all applicable New Jersey state, county, and municipal laws, rules, and regulations, including but not limited to the Uniform Fire Safety Act, local environmental and stormwater management laws, the Anti-Eviction Act (if applicable), and ADA compliance.

The Tenant is responsible for accessible parking and ADA compliance as required for warehouse settings.

12. Insurance

Tenant's Insurance: The Tenant shall maintain the following insurance coverage:

• Commercial general liability insurance with limits of not less than [Liability Limit Amount] per occurrence.
• Worker's compensation insurance as required by New Jersey law.
• Warehouse operator's legal liability insurance, if applicable.
• Coverage for goods stored (if Landlord is not bailee).

Landlord's Insurance: The Landlord shall maintain insurance on the building.

Additional Insured: The Tenant shall name the Landlord as an additional insured on its commercial general liability insurance policy.

13. Assignment and Subletting

The Tenant shall not assign this Lease or sublet the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld, and subject to compliance with local zoning and New Jersey law regarding changes of use.

14. Repairs and Maintenance Reporting

The Tenant shall promptly notify the Landlord of any needed repairs or maintenance to the Premises.

The Landlord shall respond to such notices within a reasonable time.

If Tenant fails to report necessary repairs and the failure results in damage to the property, Tenant will be responsible for such damage.

15. Fire Safety and Emergency Response

The Tenant shall comply with all applicable fire safety regulations, including the New Jersey Uniform Fire Code and local fire marshal directives.

The Tenant shall maintain all fire alarms and sprinkler systems in good working order.

Tenant is responsible for adhering to the disaster and emergency response protocols.

16. Delivery of Possession and Move-Out

The Landlord shall deliver possession of the Premises to the Tenant on the Commencement Date.

The parties shall conduct a move-in inspection checklist to document the condition of the Premises.

Upon termination of this Lease, the Tenant shall surrender the Premises to the Landlord in the same condition as it was received, reasonable wear and tear excepted. Tenant must restore premises to original condition and address any waste or damage.

Abandoned Property: Landlord follows effective procedures for handling abandoned property.

17. Indemnification

The Tenant shall indemnify and hold harmless the Landlord from any and all claims, losses, damages, and liabilities arising out of the Tenant's use of the Premises, including claims related to logistics operations.

18. Default, Remedies, and Termination

Default: The Tenant shall be in default of this Lease if it fails to pay rent when due or if it breaches any other material provision of this Lease.

Remedies: Upon the Tenant's default, the Landlord shall have the right to pursue any and all remedies available under New Jersey law, including self-help (if permitted by law), cure periods, liens on stored property, and summary dispossess proceedings under NJ Court Rules.

Termination: The Landlord may terminate this Lease upon the Tenant's default by providing written notice to the Tenant.

19. Record Keeping and Inspections

The Tenant shall maintain accurate records of its operations on the Premises.

The Landlord shall have the right to inspect the Premises at reasonable times, as allowed by New Jersey law, upon providing reasonable notice to the Tenant.

20. Regulatory Compliance Monitoring

The Tenant shall be responsible for monitoring its compliance with all applicable building codes, fire codes, and environmental regulations.

Tenant's Obligations: The Tenant shall conduct environmental audits and Phase I/II assessments as may be warranted by its use of the Premises.

21. Property Tax Appeals

The Landlord shall have the right to appeal any real property tax assessment on the property.

Tax Protest Procedures: Landlord and Tenant will cooperate in any tax protest procedures.

Rental Abatement: Provisions for rental abatement or adjustments in the event of condemnation or prolonged loss of use due to environmental or governmental orders.

22. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, then mediation. If mediation is unsuccessful, the parties may pursue litigation or arbitration in New Jersey courts or local venues.

Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of New Jersey.

Jurisdiction: Jurisdiction and venue for any legal action shall be in [County] County, New Jersey.

23. Local Customs and Disclosures

Broker Commissions: [Broker Commission Details]

Document Recording: Landlord/Tenant is responsible for prevailing legal document recording requirements.

Lead Paint Disclosure: (If applicable, for buildings constructed before 1978) Attached as Exhibit B.

Energy Efficiency/Green Building: Compliance with any applicable New Jersey energy efficiency or green building ordinances.

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

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]