Ohio warehouse lease agreement template
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How Ohio warehouse lease agreement Differ from Other States
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Ohio law requires specific disclosures regarding hazardous materials and fire safety, which are stricter than in some states.
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Security deposit handling in Ohio is governed by precise statutes, including mandatory interest payment under certain conditions.
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Eviction and default procedures for commercial leases in Ohio have unique timelines and notification requirements compared to other states.
Frequently Asked Questions (FAQ)
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Q: Is notarization required for an Ohio warehouse lease agreement?
A: Notarization is generally not required, but may be recommended for added legal protection or if required by one of the parties.
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Q: What is the maximum security deposit a landlord can request in Ohio?
A: Ohio law does not set a specific limit for commercial lease deposits but requires clarity in the agreement regarding amount and conditions.
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Q: Are there special termination notice requirements in Ohio?
A: Yes. Ohio law may require specific notice periods for lease termination; always check your lease agreement and applicable state laws.
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Ohio Warehouse Lease Agreement
This Warehouse Lease Agreement (the "Agreement") is made and entered into as of this [Date] by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant").
1. Premises
The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the warehouse premises located at [Street Address], [City], Ohio, [Zip Code], legally described as [Legal Description] (the "Premises"). This includes access points, boundaries, and parking/loading areas as delineated in Exhibit A attached hereto.
- Option A: The Premises consist of [Square Footage] square feet.
- Option B: The Premises consist of the area outlined in red on Exhibit B attached hereto.
2. Description of Leased Space
The leased warehouse space includes the following:
- [Square Footage] square feet of warehouse space.
- Ceiling height of [Ceiling Height].
- [Number] loading docks.
- [Number] bay doors.
- [Description of Racking Systems, if any].
- Floor load capacity of [Floor Load Capacity] pounds per square foot.
- [Description of Environmental Controls (HVAC, Refrigeration, Fire Suppression)].
- [Description of Office Components, if applicable]
- [Description of Mezzanine Areas, if applicable].
- Rights to use truck courts.
- [Specify Outdoor Storage Rights, if any].
- [Signage Rights, if any].
- [Description of Common or Shared Areas].
3. Use of Premises
The Premises shall be used solely for lawful warehouse, distribution, or storage purposes in compliance with all applicable Ohio zoning and municipal codes.
- Option A: Permitted use is limited to [Specific Permitted Use].
- Option B: Tenant shall not use the Premises for any retail, hazardous manufacturing, or residential purposes.
4. Compliance with Laws
Tenant and Landlord shall comply with all applicable Ohio commercial building codes, zoning ordinances, state and municipal fire and life safety regulations, environmental regulations, and OSHA standards as relevant to warehousing.
- Option A: Tenant is responsible for obtaining and maintaining all required operational permits, fire inspection certifications, occupancy permits, and any special warehouse licenses or certifications required by Ohio law.
- Option B: Landlord will assist the tenant in obtaining all required permits and licenses.
5. Lease Term
The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date].
- Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial term or any renewal term.
- Option B: This lease shall automatically renew for [Number] term(s) of [Duration] unless either party gives written notice of termination at least [Number] days prior to the expiration of the initial term or any renewal term.
- Option C: Holding over: If Tenant remains in possession of the Premises after the Expiration Date without a written agreement, such holdover shall be a month-to-month tenancy, subject to all the terms and conditions of this Lease, except that the rent shall be [Percentage]% of the then-current rent.
6. 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 [Date].
- Option A: Security deposit of [Dollar Amount] is due upon signing of this agreement, to be held according to Ohio law.
- Option B: Rent Escalation Clause: The base rent shall increase annually by [Percentage]%, commencing on [Date].
- Option C: Rent Escalation Clause: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [Specific CPI Index], with the adjustment to be calculated as of [Date] each year.
- Late Fee: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.
- Returned Payment Penalty: A fee of [Dollar Amount] shall be charged for any returned payment.
- Payment Method: Rent shall be paid by [Payment Method] to [Payment Address].
7. Taxes and Expenses
- Option A: Landlord shall be responsible for real estate taxes and assessments.
- Option B: Tenant shall be responsible for real estate taxes and assessments exceeding [Dollar Amount] per year.
- Tenant shall be responsible for all personal property taxes on Tenant's goods and assets.
- Option A: Landlord shall be responsible for all direct and indirect operating expenses and CAM charges.
- Option B: Tenant shall be responsible for CAM charges of [Dollar Amount] per month.
- Tenant shall be responsible for all utility charges (electric, gas, water, sewer, trash) for the Premises. Sub-metering procedures, if applicable, are described in Exhibit C.
8. Insurance
Tenant shall maintain the following insurance coverage:
- Property insurance.
- General liability insurance with a minimum coverage of [Dollar Amount].
- Business interruption insurance.
- Warehouse operator's liability coverage with a minimum coverage of [Dollar Amount].
Tenant shall provide certificates of insurance to Landlord, listing Landlord as an additional insured. Waivers of subrogation shall apply where permitted by law.
9. Repair and Maintenance
- Option A: Landlord shall be responsible for maintaining the structure of the Premises (roof, walls, slab, foundation).
- Option B: Landlord shall be responsible for maintaining the structure of the Premises (roof, walls, slab, foundation), except for damage caused by Tenant.
- Tenant shall be responsible for the maintenance of loading doors, racking, fire suppression systems, forklifts, and any hazardous material cleanup.
10. Alterations and Improvements
Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written consent. All alterations and improvements shall comply with local building code permitting requirements.
- Option A: Upon the expiration or termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.
- Option B: Tenant shall leave all alterations and improvements upon vacating the premises.
11. Environmental Compliance
Tenant shall comply with all state environmental regulations, reporting requirements, and remediation requirements related to hazardous material spills, indoor air quality, stormwater runoff, and handling of pallets, dunnage, and other warehouse-specific waste streams.
12. Logistics
Tenant shall comply with the following logistics-specific rules:
- Hours of operation: [Hours of Operation].
- Security access protocol: [Security Access Protocol].
- [Description of Locked Cage or Secure Storage Areas, if any].
- Truck/trailer parking rules: [Truck/Trailer Parking Rules].
13. Assignment and Subletting
Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.
14. Landlord's Access
Landlord shall have the right to access the Premises for inspections, repairs, and showing the space to prospective tenants or owners, upon providing Tenant with at least [Number] hours' notice, except in cases of emergency.
15. Default and Remedies
If Tenant defaults in the performance of any of its obligations under this Lease, Landlord shall have the remedies provided by Ohio law, including the right to cure, damages, and re-entry.
- Option A: Tenant shall have [Number] days to cure any monetary default and [Number] days to cure any non-monetary default after written notice from Landlord.
- Option B: Any dispute arising under this lease shall be submitted to binding arbitration in [City, Ohio].
16. Move-In and Move-Out
Upon vacating the Premises, Tenant shall sweep and clean the warehouse, repair or remove Tenant's fixtures and alterations, and return all keys, access cards, and dock controls to Landlord.
17. Abandoned Property
Any property left on the premises after the termination of this agreement will be disposed of according to Ohio abandoned property laws.
18. Security Deposit
The security deposit shall be handled in accordance with Ohio law and returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent.
19. Indemnification
Tenant shall indemnify and hold Landlord harmless from any and all claims, liabilities, damages, and expenses arising out of Tenant's use of the Premises, including but not limited to third-party claims, employee accidents, truck driver liability, and damage to Landlord-owned equipment.
20. Casualty and Condemnation
If the Premises are damaged by fire or other casualty, Landlord shall have the option to repair the Premises or terminate this Lease. If the Premises are condemned, this Lease shall terminate. Rent shall abate during any period of untenantability.
21. ADA Compliance
Landlord and Tenant shall comply with the Americans with Disabilities Act (ADA) accessibility requirements for commercial property in Ohio.
22. Disclosure
Landlord discloses the following: [List any known environmental issues, floodplain, or municipal use restrictions].
23. Governing Law
This Lease shall be governed by and construed in accordance with the laws of the State of Ohio. Venue for any legal disputes shall be in [County] County, Ohio.
24. Entire Agreement
This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. No amendment to this Lease shall be effective unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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[Landlord Name], Landlord
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[Tenant Name], Tenant