North Dakota commercial lease agreement template

North Dakota Commercial Lease Agreement

This Commercial Lease Agreement (the "Lease") is made and entered into as of [Date of Signing], by and between [Landlord Name], residing at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], residing at [Tenant Address], hereinafter referred to as "Tenant."

Premises

The Landlord leases to the Tenant and the Tenant leases from the Landlord, the following described premises (the "Premises"):

Option A: The real property located at [Street Address], [City], North Dakota, [Zip Code], legally described as [Legal Description], and commonly known as [Suite/Unit Number, if applicable].

Option B: The portion of the building located at [Street Address], [City], North Dakota, [Zip Code], as outlined in Exhibit A attached hereto, including the following common areas: [Description of Common Areas].

Use of Premises

The Premises shall be used by the Tenant solely for the purpose of:

Option A: [Permitted Use].

Option B: Conducting the business of [Business Description], and for no other purpose.

Tenant shall comply with all applicable zoning ordinances and regulations of [City], North Dakota.

Tenant shall not use the Premises for any unlawful purpose.

Term

The term of this Lease shall commence on [Start Date] and shall expire on [End Date], unless sooner terminated as provided herein.

Option A: 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 intention to renew at least [Number] days prior to the expiration of the then current term.

Option B: Early Occupancy: Tenant shall be permitted early occupancy of the Premises commencing on [Early Occupancy Date], subject to the terms and conditions herein, except for the payment of rent, which shall commence on [Start Date].

Rent

The base rent for the Premises shall be [Dollar Amount] per [Month/Year], payable in advance on the [Day] day of each [Month/Year], commencing on [Start Date].

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

Option B: CPI Adjustment: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) as published by the U.S. Department of Labor, using the [CPI Index] index, commencing on [Date].

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

Additional Rent

In addition to the base rent, Tenant shall pay the following as additional rent:

Option A: Common Area Maintenance (CAM) Charges: Tenant shall pay its pro rata share of all CAM charges, which shall include, but not be limited to, maintenance, repair, insurance, and taxes for the common areas of the building. Tenant's pro rata share shall be [Percentage]% of the total CAM charges.

Option B: Real Estate Taxes: Tenant shall pay its pro rata share of real estate taxes assessed against the property, which shall be [Percentage]% of the total taxes.

Landlord shall provide Tenant with an annual accounting of CAM charges and real estate taxes.

Security Deposit

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount].

Option A: Permitted Uses: The security deposit may be used by Landlord to cover any damages to the Premises caused by Tenant, unpaid rent, or any other breach of this Lease.

Option B: Return Conditions: The security deposit, less any deductions as permitted herein, shall be returned to Tenant within [Number] days after the termination of this Lease and Tenant's surrender of the Premises.

Alterations and Improvements

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

Option A: Landlord Approval: All plans and specifications for any proposed alterations or improvements must be submitted to Landlord for approval, which shall not be unreasonably withheld.

Option B: Restoration Obligations: Upon termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

Repairs and Maintenance

Tenant shall be responsible for maintaining the Premises in good repair and condition, including, but not limited to, all interior repairs, janitorial services, and maintenance of equipment installed by Tenant.

Landlord shall be responsible for maintaining the structural elements of the building, including the roof, foundation, and exterior walls.

Insurance

Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.

Landlord shall maintain property insurance on the building.

Indemnification

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

Default

The following shall constitute an event of default by Tenant:

Option A: Failure to pay rent when due.

Option B: Breach of any other term or condition of this Lease.

Upon the occurrence of an event of default, Landlord shall have the right to terminate this Lease and pursue all remedies available at law or in equity, including eviction. In North Dakota, Landlords must adhere to the state's summary eviction process (North Dakota Century Code Chapter 47-32).

North Dakota requires specific notice periods prior to eviction.

Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of North Dakota. Venue for any dispute arising under this lease shall be in [County] County, North Dakota.

Notices

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

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease if such failure is caused by a force majeure event, including, but not limited to, acts of God, war, or governmental regulations.

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.

Oil and Gas/Mineral Rights Interface

If the Premises is located in an area with oil and gas or other mineral rights, [Specific Provisions related to mineral rights and surface usage] shall apply. Landlord represents they [do/do not] own mineral rights to the property.

North Dakota Specific Considerations

Agricultural Lease Restrictions: If this Lease pertains to agricultural land, specific North Dakota statutes regarding agricultural leases apply.

Lien Rights: Tenant acknowledges Landlord's potential lien rights against Tenant's property under North Dakota law.

Weather Damage: Tenant acknowledges the possibility of severe weather events (e.g., severe cold, flooding) common in North Dakota. [Clause specifying liability/responsibility for repairs if weather damage occurs].

Signage

Tenant shall be allowed to install signage on the Premises subject to Landlord's approval and compliance with local ordinances.

Option A: Approval Required: All signage must be pre-approved by Landlord in writing.

Option B: Size Restrictions: Signage shall not exceed [dimensions] in size.

Environmental

Tenant shall not use, store, or dispose of any hazardous materials on the Premises in violation of applicable environmental laws.

Option A: Reporting Obligations: Tenant shall promptly report any spills or releases of hazardous materials to Landlord and the appropriate governmental authorities.

Option B: Indemnity: Tenant shall indemnify Landlord for any environmental contamination caused by Tenant's use of the Premises.

ADA Compliance

Landlord and Tenant will each be responsible for compliance with the Americans with Disabilities Act (ADA) to the extent applicable to their respective obligations under this Lease. [Specify who is responsible for specific upgrades or accessibility features, if any.]

Estoppel Certificate

Tenant agrees to provide Landlord with an estoppel certificate within [number] days of Landlord's request.

Late Charges

If any payment is not received within [number] days of the due date, a late fee of [dollar amount or percentage] will be charged.

Interest on overdue amounts will accrue at a rate of [percentage] per annum.

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

Landlord:

[Landlord Name]

By: [Signature]

[Printed Name]

Tenant:

[Tenant Name]

By: [Signature]

[Printed Name]