Texas warehouse lease agreement template

Texas Warehouse Lease Agreement

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

1. Premises

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the following described premises (the "Premises") located at [Warehouse Property Address] in [City, Texas], including approximately [Square Footage] square feet of warehouse space, legally described as [Legal Description of Property] and as depicted on the survey/plat referenced as [Survey/Plat Reference].

• Option A: The Premises includes the entire building.
• Option B: The Premises consists of the area outlined in Exhibit A, including [Describe specific areas, e.g., docks numbered 1-5, office space, racking system section A]. This includes exclusive use of [#] loading docks and [#] parking spaces.

Tenant shall have access to the Premises [Days of the Week] between the hours of [Start Time] and [End Time]. Access outside of these hours requires [Landlord notification/approval procedures].

2. Use

The Premises shall be used solely for [Permitted Use, e.g., warehousing, distribution, light industrial].

• Option A: Tenant shall not use the Premises for any purpose other than the Permitted Use without the prior written consent of Landlord.
• Option B: Specifically prohibited uses include: [List prohibited uses, e.g., retail sales, heavy manufacturing, residential use].

Tenant shall comply with all applicable Texas zoning ordinances, building codes, local fire marshal standards, industrial stormwater regulations, and any municipal special use permits. Tenant is responsible for maintaining records demonstrating such compliance.

3. Term

The term of this Lease shall commence on [Start Date] (the "Commencement Date") and shall expire on [End Date] (the "Expiration Date"), unless sooner terminated as provided herein.

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] days prior to the Expiration Date.
• Option B: Either party may terminate this lease with [Number] days written notice.

Any holding over by Tenant after the Expiration Date without Landlord's written consent shall be deemed a tenancy at sufferance and subject to double the monthly rent as per Texas Property Code.

4. Rent

Tenant shall pay to Landlord base rent in the amount of [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on the Commencement Date.

• Option A: Rent shall be paid to Landlord at [Payment Location] by [Payment Method, e.g., check, electronic transfer].
• Option B: The base rent shall increase by [Percentage]% annually, commencing on the first anniversary of the Commencement Date.
• Option C: The base rent is subject to an annual adjustment based on the Consumer Price Index (CPI). The base rent shall be adjusted annually, commencing on the first anniversary of the Commencement Date, by an amount equal to the percentage increase in the CPI for [Specify CPI, e.g., All Urban Consumers, US City Average] as published by the Bureau of Labor Statistics for the preceding twelve (12) month period.

5. Security Deposit

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount].

• Option A: Landlord may use the security deposit to cover any damages to the Premises, unpaid rent, or other amounts owed by Tenant under this Lease, subject to Texas law.
• Option B: Landlord shall return the security deposit to Tenant, less any deductions, within [Number] days after the termination of this Lease and Tenant's surrender of the Premises, as required by Texas law.
• Option C: No interest shall be paid on the security deposit.

6. Additional Rent

In addition to the base rent, Tenant shall pay as additional rent the following:

• Option A (NNN): Tenant shall pay all property taxes, insurance premiums, and maintenance costs for the Premises (collectively, "NNN Expenses"). Landlord shall provide Tenant with documentation of such expenses, and Tenant shall pay its pro rata share (based on the square footage of the Premises) within [Number] days of receiving such documentation.
• Option B (NN): Tenant shall pay all property taxes and insurance premiums for the Premises. Landlord shall provide Tenant with documentation of such expenses, and Tenant shall pay its pro rata share (based on the square footage of the Premises) within [Number] days of receiving such documentation. Landlord is responsible for maintenance costs.

7. Utilities

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

• Option A: Tenant shall establish accounts directly with the utility providers.
• Option B: Landlord shall provide utilities and bill Tenant separately for such usage based on [Metering/Allocation Method].
• Option C: Tenant is responsible for all trash disposal.

8. Maintenance and Repairs

Landlord shall be responsible for maintaining the roof, slab, and structural walls of the Premises. Tenant shall be responsible for all other maintenance and repairs, including but not limited to interior repairs, dock door maintenance, and pest control.

• Option A: Landlord shall be responsible for capital replacements.
• Option B: Tenant is responsible for maintaining environmental monitoring (e.g., SPCC, hazardous material spills).
• Option C: Tenant is responsible for snow/ice clearing on areas used exclusively by Tenant.

9. Possession

Landlord shall deliver possession of the Premises to Tenant on the Commencement Date in a clean and tenantable condition, with evidence of compliance with Texas Certificate of Occupancy and fire/life safety inspection status.

• Option A: Tenant shall have the right to inspect the Premises prior to the Commencement Date and identify any punch-list items for Landlord to address.
• Option B: The premises is accepted as-is.

10. Tenant Improvements

Tenant may make improvements to the Premises with Landlord's prior written approval.

• Option A: All improvements shall become the property of Landlord upon the termination of this Lease.
• Option B: Tenant may remove any improvements it makes, provided that Tenant restores the Premises to its original condition, subject to Texas-specific requirements for lien waiver/generation and mechanic's liens.

11. Insurance

Landlord shall maintain property insurance on the Premises. Tenant shall maintain business interruption insurance and commercial general liability insurance, including warehouse-specific endorsements such as bailee’s coverage or pollution liability as applicable, with coverage limits of at least [Dollar Amount].

• Option A: Tenant shall name Landlord as an additional insured on its commercial general liability policy.
• Option B: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

12. Hazardous Materials

Tenant shall not store, handle, or dispose of any hazardous materials on the Premises without Landlord's prior written consent and in compliance with all applicable federal, Texas, and local environmental laws (including TCEQ regulations). Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, and liabilities arising out of Tenant's use, storage, or disposal of hazardous materials on the Premises.

• Option A: Tenant shall disclose and document any prior or known environmental conditions on the Premises.
• Option B: Tenant shall immediately notify Landlord of any environmental incidents on the Premises.

13. Security

Landlord shall provide [Describe security arrangements, e.g., access control system, fencing, alarm system].

• Option A: Tenant is responsible for monitoring the alarm system.
• Option B: Tenant is responsible for the cost of maintaining the access control system.

14. Signage

Tenant may erect signage on the Premises in accordance with property covenants, local ordinances, and Landlord's standards. All signage requires Landlord's prior written approval.

• Option A: Tenant may place a sign on the building facade measuring no more than [Dimensions].
• Option B: Tenant may install a monument sign at [Location].

15. Common Areas

Tenant shall comply with all rules and regulations regarding the use of common areas, including truck courts, shared drives, and loading bays.

• Option A: Tenant shall not obstruct access to other tenants' premises.
• Option B: Tenant shall adhere to posted hours of operation and vehicle traffic/queuing procedures.

16. Subleasing and Assignment

Tenant shall not sublease the Premises or assign this Lease without Landlord's prior written consent, which consent shall not be unreasonably withheld. Subleasing and assignment are subject to Texas statutory requirements.

• Option A: Landlord shall have the right to approve any proposed subtenant or assignee.
• Option B: Landlord may recapture the Premises if Tenant proposes to sublease or assign.

17. Property Taxes

Tenant shall be responsible for the payment of property taxes as specified in Section 6. Landlord shall provide Tenant with access to tax records. Tenant and Landlord shall cooperate for contesting appraised value. Texas franchise tax handling for entities is the responsibility of the respective entity.

• Option A: Tenant has the right to protest property tax assessments.

18. Condemnation and Casualty

If the Premises are condemned or damaged by casualty (fire, flood, windstorm), Landlord shall have the option to repair or rebuild the Premises. If Landlord elects not to repair or rebuild, this Lease shall terminate.

• Option A: Tenant shall have the right to terminate this Lease if the Premises are rendered unusable for more than [Number] days.
• Option B: Rent shall abate during the period of uninhabitability in proportion to the area rendered unusable.

19. Default

The following shall constitute events of default by Tenant: (a) failure to pay rent when due; (b) use of the Premises for illegal purposes; (c) abandonment of the Premises; (d) violation of operating covenants.

• Option A: Landlord shall provide Tenant with written notice of any default and a [Number] day cure period.
• Option B: Landlord shall have the right to terminate this Lease and re-enter the Premises if Tenant fails to cure the default.
• Option C: Landlord's remedies include termination, lockout rights following Texas Property Code §93.002, recourse to security deposit. Tenant has the right to reclaim personal property per Texas law.

20. Indemnity and Limitation of Liability

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

• Option A: Landlord shall not be liable for any consequential damages.
• Option B: Both parties mutually waive their rights of subrogation to the extent covered by insurance.

21. Landlord Access

Landlord shall have the right to access the Premises for maintenance, inspection, and emergency purposes, providing advance notice except in emergencies, and in compliance with Texas health/safety privacy statutes.

22. Dispute Resolution

Any disputes arising out of this Lease shall be resolved through negotiation. If negotiation fails, the parties agree to [Mediation/Arbitration] in [City, Texas]. This Lease shall be governed by the laws of the State of Texas.

23. Surrender

Upon the termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, removing all personal property and decommissioning any specialized warehouse equipment, and handling of abandoned goods in accordance with Texas statutes on commercial tenant property.

24. Mechanics' Liens

Tenant shall be responsible for ensuring that no mechanics' liens are filed against the Premises as a result of Tenant's work. Lien Waivers and Release documents must comply with relevant Texas Property Code provisions.

25. Miscellaneous

• Whole Agreement: This Agreement constitutes the entire agreement between the parties.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Notices: All notices shall be in writing and delivered to the addresses set forth above.
• Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

26. Legal Disclosures

• Option A: Mold Disclosure: [Disclose any known mold issues].
• Option B: Prior Flooding/Fire Disclosure: [Disclose any known prior flooding or fire damage].

27. Texas Tax Incentives

• Option A: This property is located within a local economic development zone and is eligible for rebate programs.
• Option B: This property is subject to Freeport tax exemptions.

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

____________________________

[Landlord's Full Legal Name]

By: ____________________________

[Landlord's Authorized Representative Name]

[Landlord's Authorized Representative Title]

____________________________

[Tenant's Full Legal Name]

By: ____________________________

[Tenant's Authorized Representative Name]

[Tenant's Authorized Representative Title]