Rhode Island warehouse lease agreement template

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How Rhode Island warehouse lease agreement Differ from Other States

  1. Rhode Island law imposes unique mandatory disclosures, such as flood zone notifications, which may not be required in all states.

  2. State statutes require specific procedures for handling security deposits and detailing return timelines for commercial leases.

  3. The state has distinct zoning and land use regulations that can affect permissible warehouse activities more stringently.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease agreement required for warehouse rentals in Rhode Island?

    A: While not legally required, a written lease is strongly recommended to protect both parties and comply with state regulations.

  • Q: Are there mandatory disclosures in a Rhode Island warehouse lease?

    A: Yes, Rhode Island law may require flood risk and environmental hazard disclosures for commercial warehouse leases.

  • Q: How are security deposits handled under Rhode Island warehouse leases?

    A: State law outlines strict timelines and requirements for returning security deposits after the lease ends.

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Rhode Island Warehouse Lease Agreement

This Rhode Island Warehouse Lease Agreement (the "Agreement") is made and entered into as of this [Date] day of [Month], [Year], by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant"). If applicable, Landlord's business entity is [Landlord Business Entity Name] and Tenant’s business entity is [Tenant Business Entity Name].

Warehouse Premises

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises located at [Warehouse Address], Plat [Plat Number], Lot [Lot Number], as recorded in the land records of the City/Town of [City/Town Name], Rhode Island, and more particularly described as follows: [Detailed Description of Warehouse (square footage, loading docks, ceiling height, number/size of doors, racking, temperature control, sprinkler system, storage yard, maneuvering space)].

Option B: The leased premises consist of approximately [Square Footage] square feet of warehouse space located at [Warehouse Address], including [Number] loading docks and [Number] drive-in doors. A site plan is attached as Exhibit A.

Permitted Use

Option A: The Premises shall be used solely for warehouse, storage, and related distribution activities. Conversion to office, manufacturing, or other uses is prohibited without Landlord's prior written consent and compliance with all applicable Rhode Island zoning laws and special-use permits.

Option B: Tenant shall use the premises solely for the storage of [Specific Type of Goods] and related administrative activities. Tenant warrants that this use complies with all applicable Rhode Island and local regulations.

Representations and Warranties

Option A: Landlord represents that the current warehouse use conforms with local zoning ordinances and Rhode Island fire code (RI Gen Laws § 23-28.1 et seq.). Tenant is responsible for obtaining and maintaining all state and local licenses or approvals required for its specific operations (e.g., hazardous storage, food warehousing).

Option B: Tenant warrants that it will not store hazardous materials without the Landlord's written consent and proof of compliance with Rhode Island Department of Environmental Management (RIDEM) regulations.

Lease Term

Option A: The term of this Lease shall commence on [Start Date] and expire on [End Date].

Option B:

Renewal Option: Tenant shall have the option to renew this Lease for one (1) additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the initial term. The rent for the renewal term shall be the then-prevailing market rate or [Rent Escalation Formula].

Early Termination: Tenant may terminate this lease early by providing [Number] months written notice and paying a termination fee equal to [Amount].

Rent

Option A: The base rent shall be [Dollar Amount] per month, payable in advance on the first day of each month.

Option B:

Rent Escalation: The base rent shall increase annually on [Date] by [Percentage]% or based on the Consumer Price Index (CPI) as published by the U.S. Department of Labor, whichever is greater.

Payment Method: Rent shall be paid via [Payment Method: e.g., check, wire transfer] to [Payment Instructions].

Security Deposit

Option A: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], to be held as security for Tenant's performance under this Lease.

Option B: The security deposit will be returned to the Tenant within [Number] days of the termination of the lease, provided the Tenant has satisfied all obligations under the lease, including but not limited to the payment of rent and the restoration of the premises to its original condition, less reasonable wear and tear.

Maintenance and Repair

Option A: Landlord shall be responsible for maintaining the structural components of the building, including the roof, walls, and foundation. Tenant shall be responsible for maintaining the interior of the premises and all equipment installed by Tenant.

Option B:

Tenant Responsibility: Tenant is responsible for maintaining the dock doors, sprinkler system, HVAC, plumbing, and electrical systems. Tenant must promptly report any damage or malfunctions to Landlord.

Landlord Responsibility: Landlord is responsible for snow removal, pest control, and maintaining the exterior yard and parking lot.

Tenant Improvements

Option A: Tenant may make improvements to the Premises with Landlord's prior written consent, which shall not be unreasonably withheld. All improvements shall become the property of Landlord upon termination of this Lease, unless otherwise agreed in writing.

Option B: Any modifications must comply with Rhode Island building codes and require Landlord’s written approval, including detailed work plans. Tenant is responsible for restoring the warehouse to its original condition upon lease termination.

Insurance

Option A: Tenant shall maintain commercial general liability insurance with limits of not less than [Dollar Amount] per occurrence and property insurance on Tenant's inventory and equipment. Landlord shall maintain insurance on the building.

Option B: Tenant shall name Landlord as an additional insured on its commercial general liability policy and provide proof of insurance coverage. Tenant must maintain warehouseman’s legal liability insurance.

Hazardous Materials

Option A: Tenant shall not store or use any hazardous materials on the Premises without Landlord's prior written consent and in compliance with all applicable Rhode Island Department of Environmental Management regulations.

Option B: Tenant shall provide Landlord with a list of all hazardous substances to be stored on the premises and comply with all environmental regulations, including the Clean Air Act and Stormwater Management regulations.

Utilities

Option A: Tenant shall be responsible for the payment of all utilities, including water, electricity, gas, and sewer.

Option B: Landlord may submeter utilities and bill Tenant directly for their usage. Tenant is responsible for specialized utility requirements for temperature-controlled storage.

Property Taxes

Option A: Landlord shall be responsible for the payment of all property taxes.

Option B: Tenant shall reimburse Landlord for a pro rata share of any increases in property taxes during the lease term, based on the leased area.

Access

Option A: Landlord shall have the right to enter the Premises for inspection and repair upon reasonable notice to Tenant, except in cases of emergency.

Option B: Landlord and state/municipal inspectors have the right to access the premises with [Number] hours of notice, except in emergencies.

Sublease and Assignment

Option A: Tenant shall not sublease the Premises or assign this Lease without Landlord's prior written consent, which shall not be unreasonably withheld.

Option B: Any sublease or assignment requires Landlord's written consent, which will not be unreasonably withheld. Tenant must provide legal documentation for the subtenant’s qualifications.

Compliance with Laws

Option A: Tenant shall comply with all applicable state and federal laws and local ordinances, including but not limited to labor safety laws, ADA accessibility requirements, and municipal ordinances affecting warehouse operations.

Option B: Tenant is responsible for compliance with Rhode Island and federal labor safety standards and ADA requirements.

Default

Option A: If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies, including eviction.

Option B:

Cure Period: Tenant shall have [Number] days to cure any default after written notice from Landlord.

Remedies: Landlord may accelerate rent or exercise self-help remedies in accordance with Rhode Island law.

Move-Out

Option A: Upon termination of this Lease, Tenant shall surrender the Premises in broom-clean condition and remove all personal property.

Option B: Tenant shall conduct a move-out inspection with Landlord. The premises must be returned “broom clean,” with all hazardous waste removed.

Landlord's Lien

Option A: Landlord shall have a lien on Tenant's personal property located on the Premises to secure the payment of rent.

Option B: Landlord has lien rights on tenant goods and a warehouseman’s lien per Rhode Island Uniform Commercial Code Article 7.

Zoning and Permits

Option A: Tenant shall be responsible for obtaining all necessary zoning permits and certificates of occupancy for its use of the Premises.

Option B: Tenant shall be responsible for compliance with city/town zoning permits, fire department signoff, and Certificate of Occupancy for permitted warehousing use.

Force Majeure

Option A: Neither party shall be liable for any failure to perform its obligations under this Lease due to acts of God, war, or other causes beyond its reasonable control.

Option B: Landlord shall not be liable to Tenant for any interruptions caused by “acts of God,” hurricanes, flooding, government shutdowns, or forced warehouse closure in coastal Rhode Island.

Indemnification

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

Option B: Tenant agrees to indemnify and hold harmless the Landlord from any claims, liability, costs, or expenses arising from Tenant's use of the premises, or from the conduct of its business or from any activity, work, or thing done, permitted, or suffered by the Tenant in or about the premises.

Dispute Resolution

Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation in Rhode Island. If mediation is unsuccessful, the parties agree to submit to binding arbitration in Rhode Island.

Option B: All disputes will be resolved first through negotiation, then mediation, then litigation in the state and county courts of Rhode Island.

Governing Law

Option A: This Lease shall be governed by and construed in accordance with the laws of the State of Rhode Island.

Option B: The interpretation, enforcement, and validity of this agreement are governed by Rhode Island law.

Exhibits

Exhibit A: Site Plan

Exhibit B: Hazardous Material List (if applicable)

Subordination

This Lease is subordinate to any existing or future mortgage or deed of trust encumbering the Premises.

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

____________________________

[Landlord Name]

____________________________

[Tenant Name]

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