North Carolina office lease agreement template

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How North Carolina office lease agreement Differ from Other States

  1. North Carolina requires office lease agreements longer than three years to be in writing to be enforceable.

  2. The state mandates specific disclosures about the landlord’s right of entry and HVAC system maintenance, which may differ from other states.

  3. North Carolina law specifically limits the security deposit amount that landlords can require for commercial leases.

Frequently Asked Questions (FAQ)

  • Q: Is notarization required for office lease agreements in North Carolina?

    A: No, notarization is not required, but it is recommended for agreements lasting longer than three years to enhance enforceability.

  • Q: Are CAM (Common Area Maintenance) charges regulated in North Carolina office leases?

    A: CAM charges are not specifically regulated by North Carolina law, so terms must be negotiated and included in the lease agreement.

  • Q: What is the legal notice period for terminating a commercial lease in North Carolina?

    A: Unless otherwise specified in the lease, North Carolina requires a minimum of one month’s written notice for terminating year-to-year leases.

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North Carolina Office Lease Agreement

This North Carolina Office Lease Agreement (the “Lease”) is made and entered into as of this [Date] by and between [Landlord's Full Legal Name], whose address is [Landlord's Address] (“Landlord”), and [Tenant's Full Legal Name], whose address is [Tenant's Address] (“Tenant”).

1. Premises

Option A: The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises (the “Premises”) consisting of Suite/Floor [Suite/Floor Number] containing approximately [Square Footage] square feet, located at [Property Address], [City], North Carolina, [Zip Code], and legally described as [Legal Description of Property].

Option B: The Premises consist of Suite/Floor [Suite/Floor Number] as outlined on Exhibit A attached hereto.

Exclusive Use Areas: [Description of Exclusive Use Areas, if any]

Shared Amenities: [Description of Shared Amenities]

Parking Allocations: [Description of Parking Allocations]

2. Use of Premises

Option A: The Premises shall be used by Tenant solely for general office purposes and for no other purpose.

Option B: The Premises shall be used by Tenant solely for [Specific Office Use] purposes and for no other purpose.

Prohibited Uses: Tenant shall not use the Premises for residential purposes, retail sales, manufacturing, or for the storage, use, or disposal of any hazardous materials in violation of applicable laws. Tenant shall comply with all applicable North Carolina zoning regulations, building codes, ADA requirements, and local municipal ordinances.

Subletting/Assignment: Tenant shall not sublet the Premises or assign this Lease without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed, subject to North Carolina law.

3. Term

Option A: The term of this Lease shall commence on [Start Date] (the “Commencement Date”) and shall expire on [End Date] (the “Expiration Date”), unless sooner terminated as provided herein.

Option B: The term of this Lease shall be [Number] years, commencing on [Start Date] (the “Commencement Date”) and expiring on [End Date] (the “Expiration Date”), unless sooner terminated as provided herein.

Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, upon written notice to Landlord at least [Number] months prior to the Expiration Date of the then-current term. The rent for the renewal term shall be [Rent Calculation Method].

Right of First Refusal: If Landlord intends to lease 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.

Early Termination: In the event Tenant terminates this Lease prior to the Expiration Date, Tenant shall pay Landlord a termination fee equal to [Amount or Formula].

4. Rent

Base Rent: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on the Commencement Date.

Payment Schedule: Rent payments shall be made payable to [Payee] and sent to [Payment Address].

Acceptable Payment Methods: [List of Acceptable Payment Methods]

Proration: For any partial month during the term of this Lease, rent shall be prorated on a per diem basis.

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 the performance of Tenant's obligations under this Lease. The security deposit will be returned to Tenant within the timeframe outlined and subject to the conditions under North Carolina General Statutes § 42-51.

5. Rent Escalation

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

Option B: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Location], with the adjustment calculated as follows: [CPI Calculation Formula].

Option C: The base rent shall be adjusted every [Number] years based on fair market value as determined by a mutually agreed-upon appraiser.

6. Common Area Maintenance (CAM)

CAM Charges: Tenant shall pay its proportionate share of all Common Area Maintenance (CAM) costs. Tenant’s proportionate share shall be [Percentage]% of the total CAM costs for the building.

Included Costs: CAM costs include, but are not limited to: [List of Included CAM Costs].

Excluded Costs: CAM costs shall not include: [List of Excluded CAM Costs].

CAM Statement: Landlord shall provide Tenant with an annual statement of CAM costs within [Number] days after the end of each calendar year.

7. Utilities and Services

Electricity: [Allocation of Responsibility for Electricity Costs - Landlord or Tenant]

Water: [Allocation of Responsibility for Water Costs - Landlord or Tenant]

HVAC: [Allocation of Responsibility for HVAC Costs - Landlord or Tenant]

Janitorial Services: [Description of Janitorial Services and Responsibility - Landlord or Tenant]

8. Repairs and Maintenance

Landlord's Responsibilities: Landlord shall maintain the structural portions of the building, including the roof, foundation, and exterior walls, and shall maintain the common areas in good repair.

Tenant's Responsibilities: Tenant shall maintain the Premises in good order and repair, including all interior non-structural elements, and shall promptly notify Landlord of any defects or damages.

Emergency Repairs: In the event of an emergency affecting the Premises or the building, Landlord shall have the right to enter the Premises to make necessary repairs.

9. Tenant Improvements and Alterations

Prior Approval: Tenant shall not make any alterations or improvements to the Premises without the prior written consent of Landlord.

Construction Standards: All alterations and improvements shall be performed in a good and workmanlike manner, in compliance with all applicable codes and regulations.

Restoration: Upon termination of this Lease, Tenant shall, at Landlord's option, restore the Premises to its original condition, reasonable wear and tear excepted.

10. Insurance

Tenant's Insurance: Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount] per occurrence and property insurance covering Tenant's personal property and improvements in the Premises. Landlord shall be named as an additional insured on Tenant's commercial general liability policy.

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

Proof of Insurance: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage. Both parties shall comply with North Carolina insurance law.

11. Taxes

Property Taxes: [Allocation of Responsibility for Property Taxes - Landlord or Tenant]

Sales Tax: Tenant shall be responsible for the payment of any applicable sales tax on rent as required under N.C. G.S. § 105.

12. Fire and Life Safety

Compliance: Tenant shall comply with all applicable fire and life safety codes and regulations.

Emergency Procedures: Tenant shall participate in mandatory emergency evacuation drills.

13. Move-In and Move-Out

Condition of Premises: Landlord shall deliver the Premises to Tenant in a clean and usable condition.

Surrender: Upon termination of this Lease, Tenant shall surrender the Premises in the same condition as received, reasonable wear and tear excepted.

Walk-Through Inspection: Landlord and Tenant shall conduct a walk-through inspection of the Premises prior to Tenant's occupancy and upon termination of this Lease.

Security Deposit Return: Landlord shall return the security deposit to Tenant within [Number] days after termination of this Lease, less any deductions for damages or unpaid rent, in accordance with North Carolina General Statutes § 42-51.

14. Access and Security

Building Access: Landlord shall provide Tenant with access to the building during normal business hours.

Security: Landlord shall maintain reasonable security measures for the building.

Key Cards/Entry Systems: [Description of Key Card/Entry Systems and Responsibilities]

15. Landlord's Right of Entry

Landlord's Right: Landlord shall have the right to enter the Premises for inspections, repairs, and to show the Premises to prospective tenants or purchasers, upon providing Tenant with reasonable notice as required by North Carolina law.

16. Default and Remedies

Tenant Default: If Tenant fails to pay rent when due or breaches any other term of this Lease, Landlord shall provide Tenant with written notice of default and an opportunity to cure the default within [Number] days.

Landlord Remedies: If Tenant fails to cure the default within the specified time period, Landlord shall have the right to terminate this Lease, re-enter the Premises, and pursue any other remedies available under North Carolina law.

Holdover: If Tenant remains in possession of the Premises after the Expiration Date without Landlord's consent, Tenant shall be deemed a holdover tenant and shall pay rent at a rate of [Percentage]% of the then-current rent.

17. Condemnation and Casualty

Condemnation: If the Premises are taken by eminent domain, this Lease shall terminate.

Casualty: If the Premises are damaged by fire or other casualty, Landlord shall have the option to repair the Premises or terminate this Lease.

18. Dispute Resolution

Negotiation: The parties shall attempt to resolve any disputes arising under this Lease through good faith negotiation.

Mediation: If negotiation fails, the parties shall submit the dispute to mediation.

Arbitration/Litigation: If mediation fails, the parties may pursue arbitration or litigation in the appropriate North Carolina county. Choice of North Carolina law applies.

19. Notices

Notice Address: All notices and legal documents shall be served in accordance with North Carolina statutory requirements and shall be delivered to the parties at their respective addresses set forth above, or to such other address as either party may designate in writing.

Permitted Methods of Delivery: [Specify Permitted Methods of Delivery]

20. Successors and Assigns

Binding Effect: This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, subject to the restrictions on transfer set forth herein. Any transfer restrictions shall be compliant with North Carolina law.

21. Environmental Matters

Compliance: Tenant shall comply with all applicable environmental laws and regulations.

Disclosure: [Include any necessary environmental representations and obligations uniquely applicable to office use, such as compliance with any asbestos, radon, or hazardous material remediation notice or disclosure requirements under North Carolina law]

22. Recordation

Memorandum of Lease: The parties may execute a memorandum of this Lease for recording purposes in accordance with N.C. G.S. § 47-18.

23. Landlord Disclaimers and Limitation of Liability

Disclaimer: Landlord shall not be liable for any interruption of building services, security systems, lost business income, or technological infrastructure.

Limitation of Liability: Landlord's liability under this Lease shall be limited to the extent of Landlord's interest in the property.

24. Building Rules and Regulations

Attachment: The Building Rules and Regulations attached hereto as Exhibit B are incorporated herein and made a part of this Lease.

Compliance: Tenant shall comply with all Building Rules and Regulations.

25. Disclosures

Acknowledgment: Tenant acknowledges receipt of any required disclosures specific to North Carolina property (such as lead-based paint for pre-1978 structures, if applicable).

26. Disaster Recovery/Force Majeure

Allocation: [Address proportionate allocation of disaster recovery, pandemic, or force majeure events with reference to North Carolina law and operational realities of office properties]

27. Compliance with Laws

ADA/OSHA: Tenant shall comply with all applicable Americans with Disabilities Act, OSHA, and local accessibility regulations as interpreted under North Carolina law.

28. Data/IT/Cybersecurity

Rules: [Provide for compliance with any data, IT, or cybersecurity rules if the office provides shared network infrastructure]

29. Representations and Warranties

Authority: Both parties represent and warrant that they have the authority to enter into this Lease.

Organizational Status: Both parties represent and warrant their organizational status and compliance with corporate formalities as required under North Carolina business entity law.

30. Entire Agreement

Integration Clause: This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.

31. Miscellaneous

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

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

Counterparts: This Lease may be executed in counterparts, each of which shall be deemed an original.

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

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

LANDLORD:

____________________________

[Landlord's Full Legal Name]

____________________________

Signature

TENANT:

____________________________

[Tenant's Full Legal Name]

____________________________

Signature

Exhibit A: [Premises Layout]

Exhibit B: [Building Rules and Regulations]

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