Pennsylvania warehouse lease agreement template

Pennsylvania Warehouse Lease Agreement

This Warehouse Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord's Full Legal Name], residing at [Landlord's Full Address], hereinafter referred to as "Landlord," and [Tenant's Full Legal Name], a [Tenant's Business Entity Type, e.g., Corporation, LLC], with a principal place of business at [Tenant's Full Address], hereinafter referred to as "Tenant."

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following described warehouse premises (the "Premises") located at [Property Address], bearing parcel identifier [Parcel Identifier] in [County Name] County, Pennsylvania.

• Precise Description of Leased Warehouse Space:
  • Total Square Footage: [Square Footage]
  • Unit/Bay Number(s): [Unit/Bay Number(s)]
  • Loading Docks: [Number of Loading Docks], dimensions [Loading Dock Dimensions]
  • Clear Ceiling Height: [Clear Ceiling Height]
  • Bay Door Dimensions: [Bay Door Dimensions]
  • Racking or Storage Infrastructure: [Description of Racking/Storage, if any]
  • Cold Storage/Climate Control Features: [Description of Cold Storage, if any]
  • Permitted Access Points: [List Access Points]
• Use of Internal and External Areas:
  • Exclusive Use Areas: [List Exclusive Use Areas]
  • Non-Exclusive Use Areas: [List Non-Exclusive Use Areas], including loading yards, driveways, parking for commercial trucks, trailer storage, and exterior storage.
  • Office or Ancillary Space: [Description of Office/Ancillary Space, if any]

2. Use of Premises

The Premises shall be used solely for warehouse and logistics purposes, including [Specific Permitted Uses].

• Options:
  • Option A: Tenant shall comply with all applicable Pennsylvania zoning regulations, local warehouse use authorizations, and environmental restrictions relevant to industrial properties, including but not limited to limitations on the storage of hazardous materials.
  • Option B: Tenant shall not use the Premises for any residential purpose or any other operation not specifically permitted herein.

Tenant shall comply with all Pennsylvania and local municipal commercial lease codes, fire, building, and safety regulations, including Philadelphia or relevant county ordinances, accessibility requirements under Pennsylvania law, and OSHA regulations applicable to warehouse settings.

3. Term

The term of this Lease shall commence on [Start Date] and shall end on [End Date].

• Options for Renewal or Extension:
  • Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.
  • Option B: This Lease shall automatically renew for successive terms of [Length of Renewal Term] unless either party gives the other written notice of termination at least [Number] days prior to the expiration of the then-current term.
• Early Termination:
  • Conditions for Early Termination: [Specify Conditions for Early Termination, e.g., payment of a fee]
• Holdover:
  • If Tenant remains in possession of the Premises after the expiration or termination of this Lease without a written agreement, such holdover shall be a tenancy at sufferance, terminable upon [Number] days’ notice by either party, and Tenant shall pay rent at a rate of [Percentage]% of the then-current monthly rent.

4. Rent

Tenant shall pay Landlord rent as follows:

• Monthly Base Rent: [Dollar Amount], payable in advance on the [Day] day of each month, commencing on [Date].
• Escalation Schedule:
  • Option A: The monthly base rent shall increase annually by [Percentage]%.
  • Option B: The monthly base rent shall increase annually based on the Consumer Price Index (CPI) for [Specific CPI Area].
  • Option C: No escalation schedule.
• Payment Method: [Specify Payment Method, e.g., check, electronic transfer]
• Payment Address: [Landlord's Payment Address]
• Security Deposit: [Dollar Amount], to be held in escrow according to Pennsylvania law. Landlord shall be entitled to draw on the security deposit for cure of Tenant’s defaults or damage to the Premises caused by Tenant.
• Late Payment Interest: Interest on past due rent shall accrue at the rate of [Percentage]% per month, or the maximum rate permitted by Pennsylvania law, whichever is lower.

• Allocation of Taxes:
  • Tenant shall be responsible for its pro rata share of all Pennsylvania state and local real estate and business privilege taxes attributable to the Premises, calculated as [Calculation Method].
  • Tenant shall be liable for any increase in real estate taxes attributable to improvements made by Tenant to the Premises.

5. Utilities

Responsibility for utilities shall be as follows:

• Electricity: [Responsible Party, e.g., Landlord or Tenant]
• Gas: [Responsible Party, e.g., Landlord or Tenant]
• Water/Sewer: [Responsible Party, e.g., Landlord or Tenant]
• Sprinkler: [Responsible Party, e.g., Landlord or Tenant]
• HVAC: [Responsible Party, e.g., Landlord or Tenant]
• Refuse Removal: [Responsible Party, e.g., Landlord or Tenant]
• Metering: [Common Meter or Sub-Metered]
• Direct Billing: [Yes or No]

Tenant shall be responsible for all municipal service fees or stormwater charges attributable to its use of the Premises under Pennsylvania regulations.

6. Operating Expenses (Additional Rent)

Tenant shall pay, as additional rent, its pro rata share of operating expenses, as follows:

• Lease Type:
  • Option A: Absolute Net Lease – Tenant pays all expenses.
  • Option B: Triple Net (NNN) Lease – Tenant pays real estate taxes, insurance, and common area maintenance.
  • Option C: Modified Gross Lease – [Specify which expenses Tenant pays in addition to base rent].
• Common Area Maintenance (CAM) Costs:
  • Yard maintenance
  • Snow and ice removal
  • Pest control
  • Parking lot repairs
  • Landscape
  • Lighting
  • Access road upkeep
  • Other charges unique to industrial sites: [List other charges]

7. Maintenance and Repairs

Maintenance and repair obligations shall be as follows:

• Landlord's Responsibilities:
  • Foundation
  • Roof
  • Exterior walls
• Tenant's Responsibilities:
  • Interior cleaning
  • Door/overhead door servicing
  • Dock equipment
  • Fire suppression systems
  • Racking systems
  • Tenant shall promptly notify Landlord of any damage to the Premises.

8. Improvements

• Tenant shall not make any improvements to the Premises without Landlord's prior written approval, including but not limited to racking installation, heavy equipment anchoring, floor penetrations, or modifications to loading areas.
• All improvements shall comply with Pennsylvania building codes and permitting requirements.
• Tenant shall, at its expense, restore the Premises to its original condition at the end of the Lease term, unless otherwise agreed in writing by Landlord.

9. Insurance

Tenant shall maintain the following insurance policies:

• Pennsylvania-compliant property and casualty insurance covering the Premises.
• Commercial general liability insurance with a minimum limit of [Dollar Amount] per occurrence and [Dollar Amount] aggregate, naming Landlord as an additional insured.
• Warehouse contents insurance.
• Waiver of subrogation clauses in favor of Landlord, as permitted under Pennsylvania law.
• Environmental impairment liability insurance, if applicable, with a minimum limit of [Dollar Amount].

10. Fire Prevention and Safety

• Tenant shall comply with all fire prevention, sprinkler, and emergency egress requirements of the Pennsylvania Uniform Construction Code.
• Tenant shall participate in fire drills as required by Landlord.
• Tenant shall immediately notify Landlord of any hazardous material spill or alarm event.

11. Governmental Permits and Certificates

• Tenant shall obtain and maintain all required governmental permits and certificates, including a Certificate of Occupancy, local fire inspection certificate, and hazardous material storage registrations, and shall provide copies to Landlord upon request.

12. Signage

• Tenant shall comply with all applicable Pennsylvania sign ordinances and industrial zoning rules regarding signage (building, yard, vehicle), advertising, and exterior appearance. [Specify any restrictions]

13. Environmental Compliance

• Tenant shall comply with all applicable Pennsylvania environmental regulations, including stormwater management, hazardous waste storage/disposal, vapor and dust controls.
• Tenant shall indemnify Landlord for any environmental damage caused by Tenant's operations and shall remediate any such damage at Tenant's expense.

14. Subletting and Assignment

• Tenant shall not sublet the Premises or assign this Lease, in whole or in part, without Landlord's prior written consent, which consent shall not be unreasonably withheld, subject to compliance checks for subtenants’ intended uses and financial responsibility.

15. Casualty and Eminent Domain

• If the Premises are damaged by fire or other casualty, this Lease shall terminate as provided by Pennsylvania law. Tenant shall only be responsible for rent to the date of casualty.
• If the Premises are taken by eminent domain, this Lease shall terminate as provided by Pennsylvania law.

16. Landlord's Right of Entry

• Landlord shall have the right to enter the Premises for inspection, repairs, or showing to prospective tenants or purchasers, upon [Number] hours’ prior notice to Tenant, except in cases of emergency.

17. Warehouse Rules and Regulations

• Tenant shall comply with the Warehouse Rules and Regulations attached hereto as Exhibit A.

18. Move-In and Move-Out

• Tenant shall accept the Premises in its "as is" condition.
• Upon termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, removing all personal property and fixtures, unless otherwise agreed in writing by Landlord.
• Landlord shall have the right to dispose of or store any abandoned tenant property in accordance with Pennsylvania law.

19. Dispute Resolution

• Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, and, if necessary, binding arbitration in [County Name] County, Pennsylvania.

20. Default and Remedies

• If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have all remedies available under Pennsylvania law, including the right to terminate the Lease, re-enter the Premises, and distrain Tenant’s goods pursuant to Pennsylvania landlord lien statutes.

21. Indemnification and Limitation of Liability

• Tenant shall indemnify Landlord against any and all claims arising from Tenant's use of the Premises, in accordance with Pennsylvania statutory and case law. Landlord shall not be liable for any consequential damages.
• Waiver of Jury Trial: Landlord and Tenant waive their rights to a jury trial in any action or proceeding arising out of or relating to this Lease.

22. Compliance with Laws

• Tenant acknowledges that it is responsible for compliance with all relevant Pennsylvania commercial lease laws, tax registration requirements (including Philadelphia Business Income and Receipts Tax or county equivalent), and building/operational permits for warehouse activity.

23. Tax Pass-Throughs

• Tenant shall be responsible for its pro rata share of real estate taxes, school taxes, and municipal levies attributable to the Premises, as determined by Landlord.
• Landlord shall be responsible for the proper tax assessment of the Premises, and Tenant shall have the right to appeal such assessment under Pennsylvania law.

24. 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.

25. Specialized Pennsylvania Provisions

• [Include any specialized Pennsylvania provisions, such as disclosures about utility availability, warehouse liens, or agricultural storage if relevant]

26. Exhibits

The following exhibits are attached to and incorporated into this Lease:

• Exhibit A: Floor Plans
• Exhibit B: Legal Property Description
• Exhibit C: Building Rules and Regulations
• Exhibit D: Municipal Compliance Certificates

27. Governing Law

This Lease shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

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

Landlord:

[Landlord's Signature]

[Landlord's Printed Name]

Tenant:

[Tenant's Signature]

[Tenant's Printed Name]

[Tenant's Title, if applicable]