Ohio retail lease agreement template

Ohio Retail Lease Agreement

This Ohio Retail Lease Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Landlord Legal Name], a [Landlord Business Entity Type, e.g., Ohio LLC], whose registered address is [Landlord Mailing Address] (“Landlord”), and [Tenant Legal Name], a [Tenant Business Entity Type, e.g., Ohio Corporation], whose registered address is [Tenant Mailing Address] (“Tenant”). Landlord’s phone number is [Landlord Phone Number] and email address is [Landlord Email Address]. Tenant’s phone number is [Tenant Phone Number] and email address is [Tenant Email Address].

The Landlord is registered with the Ohio Secretary of State as registration number [Landlord Registration Number] and is represented by [Landlord Authorized Representative Name]. The Tenant is registered with the Ohio Secretary of State as registration number [Tenant Registration Number] and is represented by [Tenant Authorized Representative Name].

Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the retail premises located at [Street Address], Unit/Suite [Unit/Suite Number], in the City of [City], County of [County], State of Ohio, with a zip code of [Zip Code], (the “Premises”).

Option B: The Premises consists of approximately [Usable Square Footage] square feet of usable floor area and approximately [Rentable Square Footage] square feet of rentable floor area, and is configured as a [Description of Configuration, e.g., storefront location with display windows, back-of-house area, storage, restroom].

The Premises shall be used and occupied solely for the purpose of conducting [Permitted Retail Use] and for no other purpose. Tenant shall not change the use of the Premises to any non-retail purpose.

Tenant shall comply with all applicable municipal zoning, building code, and health and safety ordinances of Ohio and the local jurisdiction relating to the use of the Premises.

Tenant shall not sublease the Premises or assign this Agreement without the Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed, per Ohio law.

Lease Term

Option A: The term of this Lease shall commence on [Lease Start Date] and shall expire on [Lease End Date] (the “Term”).

Option B: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Renewal Term Length, e.g., five (5) years] each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the expiration of the then-current Term. The rent for each renewal term shall be adjusted to [Rent Adjustment Method, e.g., the then-prevailing market rate as determined by an independent appraisal, or an increase based on the Consumer Price Index].

If Tenant remains in possession of the Premises after the expiration of the Term with the Landlord's consent, such holdover shall be deemed a month-to-month tenancy, subject to all the terms and conditions of this Lease, except that the monthly rent shall be [Percentage or Amount] higher than the rent payable during the last month of the Term, as permitted under Ohio law.

Rent

Option A: Tenant shall pay Landlord base rent in the amount of [Base Rent Amount] per [Payment Frequency, e.g., month], payable in advance on the [Day of Month] day of each [Payment Frequency, e.g., month], commencing on [Rent Commencement Date].

Option B: Rent shall be paid to Landlord at [Payment Location] by [Mode of Payment, e.g., check, electronic transfer].

Tenant shall deposit with Landlord a security deposit in the amount of [Security Deposit Amount]. The security deposit shall be held in escrow as required by Ohio law. Landlord shall pay interest on the security deposit as required by Ohio law at the rate of [Interest Rate].

The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [CPI Area], or according to the following formula: [Rent Escalation Formula].

If Tenant fails to pay rent when due, Tenant shall pay a late fee of [Late Fee Amount or Percentage], as permitted under Ohio law, and interest on the overdue amount at the rate of [Default Interest Rate] per annum.

Additional Charges

Option A: Tenant shall pay Landlord percentage rent equal to [Percentage]% of Tenant’s gross sales exceeding [Sales Threshold] during each [Time Period, e.g., calendar year].

Option B: Tenant shall pay Tenant’s proportionate share of Common Area Maintenance ("CAM") fees, which shall be calculated as [Pro Rata Calculation Method, e.g., the ratio of the rentable square footage of the Premises to the total rentable square footage of the Shopping Center]. CAM fees shall include, but are not limited to, costs for maintaining parking areas, landscaping, security, and common lighting.

Tenant shall be responsible for paying all utilities serving the Premises, including but not limited to, electricity, gas, water, and sewer.

Tenant shall pay its pro rata share of all real estate taxes and special assessments levied against the property. Ohio real estate taxes are assessed and paid according to Ohio’s tax cycle.

Repairs and Maintenance

Option A: Landlord shall be responsible for all structural repairs to the Premises, including the roof, foundation, and exterior walls.

Option B: Tenant shall be responsible for all routine maintenance and repairs to the interior of the Premises, including plumbing, electrical, and HVAC systems.

Landlord shall be responsible for maintaining compliance with all Ohio fire safety, accessibility (ADA and state/local accessibility laws), and sanitation codes.

Responsibility for capital expenditures shall be as follows: [Allocation of Responsibility for Capital Expenditures].

Tenant Improvements

Option A: Tenant shall have the right to make tenant improvements to the Premises, subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed, considering the needs of a retail environment.

Option B: All tenant improvements shall be performed in a good and workmanlike manner and in compliance with all applicable laws and regulations.

Ownership of tenant improvements shall be as follows: [Ownership of Improvements, e.g., remain the property of the Tenant; become the property of the Landlord upon the expiration or termination of the Lease].

Tenant shall be responsible for restoring the Premises to its original condition upon the expiration or termination of the Lease, reasonable wear and tear excepted, or [Describe Restoration Obligations].

Signage

Tenant shall have the right to install signage on the Premises, subject to Landlord's prior written approval and compliance with all applicable city permit requirements.

The size, location, and design of all signage shall be subject to Landlord's approval, which shall not be unreasonably withheld, conditioned, or delayed, in accordance with reasonable retail standards.

Exclusive Use and Co-Tenancy

Option A: Landlord grants Tenant the exclusive right to operate a [Type of Business] within the Shopping Center. Landlord shall not lease space to any other tenant that operates a similar business.

Option B: If [Anchor Tenant Name] vacates the Shopping Center, Tenant shall have the right to [Remedy, e.g., terminate this Lease, reduce rent].

Common Areas

Tenant shall have the right to use the common areas of the Shopping Center, including parking lots, sidewalks, and loading docks, subject to Landlord's rules and regulations.

Hours of operation for common areas shall be as follows: [Hours of Operation].

Landlord reserves the right to change the configuration of the parking lot with reasonable notice to Tenant.

Operating Rules

Tenant shall operate its business during the following hours: [Operating Hours].

Delivery procedures shall be as follows: [Delivery Procedures].

Tenant shall not create excessive noise or odors that disturb other tenants.

Tenant shall be responsible for proper waste disposal, including the handling of any hazardous materials. Tenant shall comply with all applicable local liquor or tobacco laws if applicable to their business.

Insurance

Tenant shall maintain commercial general liability insurance with a minimum coverage of [Coverage Amount] per occurrence.

Tenant shall maintain property insurance covering the Premises and Tenant's personal property.

Tenant shall maintain business interruption insurance.

Landlord shall be named as an additional insured on Tenant's commercial general liability policy.

The parties agree to waive their rights of subrogation against each other to the extent covered by insurance, as allowed under Ohio law.

Indemnification

Tenant shall indemnify and hold Landlord harmless from any claims arising out of Tenant's use of the Premises.

Landlord shall indemnify and hold Tenant harmless from any claims arising out of Landlord's negligence.

Landlord's liability shall be limited to the extent of its insurance coverage.

Neither party shall be liable for delays or failures in performance due to force majeure events, including, without limitation, acts of God, war, strikes, and pandemics that are typical of risks facing retail businesses.

Entry and Inspection

Landlord shall have the right to enter the Premises for inspection purposes upon providing Tenant with at least [Number] hours' notice, unless Ohio Law states otherwise.

Landlord shall have the right to enter the Premises in the event of an emergency without notice.

Tenant shall not change the locks on the Premises without Landlord's prior written consent.

Security Deposit

The security deposit shall be held by Landlord in accordance with Ohio commercial landlord-tenant law.

Landlord may deduct from the security deposit any amounts necessary to repair damage to the Premises caused by Tenant.

Landlord shall provide Tenant with a statement of condition at move-in and move-out.

Landlord shall refund the security deposit within [Number] days of the termination of the Lease, less any deductions, together with an itemized list of deductions, in compliance with Ohio law.

Default

Option A: If Tenant fails to pay rent when due, Landlord shall provide Tenant with written notice of default and a cure period of [Number] days.

Option B: If Tenant breaches any other provision of this Lease, Landlord shall provide Tenant with written notice of default and a cure period of [Number] days.

If Tenant fails to cure the default within the applicable cure period, Landlord shall have the right to terminate this Lease, re-enter the Premises, and pursue all available remedies, including eviction according to Ohio commercial eviction legal process and waivers, where permitted. Landlord may accelerate rent and re-let the premises.

Compliance with Laws

Tenant shall comply with all applicable retail operational licenses, sales tax collection and remittance obligations to Ohio authorities, local permitting, and any required health or food permits for specialty retailers.

Fixtures and Equipment

Fixtures and equipment installed by Tenant shall remain the property of Tenant.

Upon the expiration or termination of the Lease, Tenant shall have the right to remove its fixtures and equipment, provided that Tenant repairs any damage caused by the removal.

Any abandoned property shall be handled in accordance with Ohio law.

Transfer of Property

Landlord shall have the right to sell or transfer the property.

Landlord shall have the right to mortgage or otherwise encumber the property.

Tenant shall be entitled to a non-disturbance agreement from any mortgagee, subject to standard terms and conditions.

Environmental Compliance

Tenant shall comply with all applicable environmental laws and regulations.

Landlord shall disclose any prior environmental contamination on the property if required by Ohio law.

Tenant shall be responsible for pest control and maintaining indoor air quality.

Notices

All notices 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.

Acceptable delivery methods include: [Acceptable Delivery Methods].

Miscellaneous

No waiver of any provision of this Lease shall be effective unless in writing and signed by the waiving party.

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

This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

This Lease may be amended only by a written instrument signed by both parties.

This Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.

Disputes relating to this Lease shall be resolved through negotiation, then mediation, and if those fail, litigation or Ohio-based arbitration. Ohio law and the local venue/jurisdiction shall be the exclusive governing law.

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

____________________________

[Landlord Legal Name]

By: ____________________________

[Landlord Authorized Representative Name]

____________________________

[Tenant Legal Name]

By: ____________________________

[Tenant Authorized Representative Name]