North Dakota office lease agreement template

North Dakota Office Lease Agreement

This Office Lease Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Landlord's Full Legal Name], a [Landlord's Business Entity Type, e.g., North Dakota Corporation], with a principal place of business at [Landlord's Full Address] (“Landlord”), and [Tenant's Full Legal Name], a [Tenant's Business Entity Type, e.g., North Dakota Limited Liability Company], with a principal place of business at [Tenant's Full Address] (“Tenant”).

Premises:

Option A: Landlord leases to Tenant, and Tenant leases from Landlord, the office space located at [Street Address], [City], North Dakota [Zip Code], Suite [Suite Number] (the “Premises”), as depicted on the floor plan attached hereto as Exhibit A, consisting of approximately [Square Footage] rentable square feet. The legal description of the property is [Legal Description from Property Records].

Option B: Landlord leases to Tenant, and Tenant leases from Landlord, the entire building located at [Street Address], [City], North Dakota [Zip Code] (the “Premises”). The legal description of the property is [Legal Description from Property Records].

Use of Premises:

Option A: The Premises shall be used solely for general professional office purposes.

Option B: The Premises shall be used solely for [Specify Allowable Use, e.g., accounting services].

Prohibited Activities: The Tenant shall not use the Premises for any purpose that violates any applicable North Dakota laws, regulations, zoning ordinances, or building rules, including, but not limited to, [List Prohibited Activities, e.g., retail sales, manufacturing]. Tenant shall obtain and maintain all necessary permits and licenses for its business operation.

Term:

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

Option B: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] year(s) 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. The rent for each renewal term shall be [Specify Rent Adjustment, e.g., adjusted to the then-current market rate, increased by CPI]. Any such renewal shall comply with North Dakota law regarding notice.

Rent:

Option A: Base Rent: Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per month, payable in advance on the first day of each month, at [Payment Address].

Option B: Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord as security for Tenant’s performance of its obligations under this Lease, subject to the provisions of the North Dakota Commercial Landlord and Tenant Act.

Late Payment: If rent is not received within [Number] days of the due date, a late fee of [Dollar Amount or Percentage] will be charged, in compliance with North Dakota law.

Escalation: The base rent shall increase annually by [Percentage]% on each anniversary of the commencement date.

Utilities and CAM Charges:

Option A: Tenant shall be responsible for the direct payment of all utilities serving the Premises, including but not limited to electricity, water, gas, internet, and telephone.

Option B: CAM Charges: Tenant shall pay its pro rata share of all common area maintenance (CAM) charges, which shall be determined by dividing the rentable square footage of the Premises by the total rentable square footage of the building. CAM charges may include, but are not limited to, snow removal, landscaping, common area utilities, and building maintenance. Landlord will provide an itemized statement of CAM charges annually. Tenant will receive [Number] days advanced notice before rate adjustments.

Janitorial: [Specify Responsibility for Janitorial Services, e.g., Landlord is responsible for common areas, Tenant is responsible for the Premises.]

Tenant Improvements:

Option A: Tenant shall make no alterations or improvements to the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld. All improvements shall be performed by licensed and insured contractors in accordance with all applicable codes and regulations.

Option B: Landlord agrees to provide a tenant improvement allowance of [Dollar Amount] for improvements to the Premises. All improvements shall be performed by contractors approved by Landlord and shall comply with all applicable codes and regulations. All improvements shall become the property of Landlord upon the expiration or termination of this Lease.

Compliance: All tenant improvements must comply with North Dakota's energy efficiency standards and statutory building standards.

Maintenance and Repairs:

Option A: Landlord shall maintain the roof, foundation, exterior walls, and common areas of the building in good repair. Tenant shall maintain the interior of the Premises in good repair, reasonable wear and tear excepted.

Option B: Tenant shall be responsible for all maintenance and repairs to the Premises, including but not limited to HVAC, plumbing, and electrical systems.

Repair Requests: Tenant shall promptly notify Landlord of any needed repairs. Landlord shall use commercially reasonable efforts to make necessary repairs within a reasonable time frame.

Snow Removal: Landlord shall be responsible for snow removal in parking lots and walkways.

Insurance:

Tenant shall maintain a commercial general liability insurance policy with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, naming Landlord as an additional insured. Tenant shall also maintain business property insurance covering Tenant’s personal property located on the Premises. Tenant shall deliver a certificate of insurance to Landlord prior to occupancy. Minimum coverage limits shall comply with standard North Dakota insurance practices.

Casualty:

If the Premises are damaged by fire or other casualty, Landlord shall repair the Premises as soon as reasonably possible. If the Premises are rendered untenantable, rent shall abate until the Premises are restored. If the Premises are substantially damaged or destroyed, Landlord may terminate this Lease. These procedures align with North Dakota law on constructive eviction.

ADA Compliance:

Landlord warrants that the Premises and common areas are compliant with the Americans with Disabilities Act (ADA) as implemented locally in North Dakota.

Move-In and Move-Out:

Upon move-in, Tenant and Landlord will conduct a joint inspection of the Premises and create a written punch list of any pre-existing conditions. Upon move-out, Tenant shall return the Premises in broom-clean condition, reasonable wear and tear excepted. Tenant shall remove all personal property. Landlord shall return the security deposit, less any deductions for damages or unpaid rent, within [Number] days of the termination of this Lease, accompanied by an itemized statement of deductions, as required by North Dakota law.

Assignment and Subletting:

Tenant shall not assign this Lease or sublet the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld. Landlord's standards for reasonable withholding of consent shall comply with North Dakota practices.

Default:

If Tenant fails to pay rent when due or breaches any other term of this Lease, Landlord may declare Tenant in default. Landlord shall provide Tenant with written notice of default and a [Number] day opportunity to cure the default. If Tenant fails to cure the default within the cure period, Landlord may pursue all available remedies, including eviction, re-letting, and recovery of damages, including attorney's fees if consistent with North Dakota law. Tenant's right to withhold payment shall be in compliance with North Dakota law.

Indemnification:

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

Governing Law:

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

Disclosures:

[Include Required North Dakota Disclosures, e.g., Radon Disclosure, Lead-Based Paint Disclosure (if applicable)].

Non-discrimination: Landlord and Tenant agree to comply with all applicable federal, state, and local laws regarding non-discrimination and equal opportunity.

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, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above. Statutory delivery standards shall apply.

Alternative Dispute Resolution:

Before initiating any legal action arising out of this Lease, the parties agree to participate in [Specify Dispute Resolution Method, e.g., mediation]. Required processes under ND law shall apply prior to court action.

Taxes:

Tenant shall be responsible for payment of any applicable North Dakota sales or use taxes if passed through to Tenant.

Sale of Property:

In the event of a sale of the property, this Lease shall remain in full force and effect, and the new owner shall assume all of Landlord’s obligations hereunder.

Condemnation:

If the Premises are taken by eminent domain, this Lease shall terminate, and Tenant shall be entitled to compensation as provided by North Dakota statute.

Casualty and Abatement:

In the event of a casualty (e.g., blizzard, flooding) Landlord's obligation for repair shall be limited by insurance proceeds received and the abatement procedures shall follow the guidelines of North Dakota law.

Compliance:

Each provision of this Agreement has been reviewed and is tailored to comply with North Dakota title recordation, real estate licensing, and contracting rules.

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

Landlord:

____________________________

[Landlord's Full Legal Name]

By: ____________________________

[Landlord's Signature]

Title: [Landlord's Title]

Tenant:

____________________________

[Tenant's Full Legal Name]

By: ____________________________

[Tenant's Signature]

Title: [Tenant's Title]