Utah office lease agreement template

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How Utah office lease agreement Differ from Other States

  1. Utah law allows for greater flexibility in negotiating lease terms, including security deposits and rent escalation, compared to some other states.

  2. Commercial leases in Utah are not required to be recorded, while some states mandate recording for certain lease durations.

  3. Utah imposes unique disclosure requirements related to asbestos in commercial properties, which may not apply elsewhere.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease required for office rentals in Utah?

    A: While not legally required, a written lease is strongly recommended for clear terms and legal protection for both parties.

  • Q: Are there security deposit limits for office leases in Utah?

    A: Utah law does not set a maximum security deposit for commercial office leases, allowing the parties to negotiate freely.

  • Q: What disclosures are required in Utah office leases?

    A: Utah requires disclosure of known asbestos hazards in commercial properties but does not mandate many other specific disclosures.

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Utah Office Lease Agreement

This Utah Office Lease Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Landlord Full Legal Name], residing at [Landlord Utah Mailing Address], with phone number [Landlord Phone Number] and email address [Landlord Email Address] (“Landlord”), and [Tenant Full Legal Name], residing at [Tenant Utah Mailing Address], with phone number [Tenant Phone Number] and email address [Tenant Email Address] (“Tenant”).

Premises

  • Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the office space located at [Building Address], suite number [Office Suite Number], on floor number [Floor Number], consisting of approximately [Rentable Square Footage] rentable square feet (the “Premises”).
  • Option B: The Premises are legally described as follows: [Detailed Legal Description of Property]. The boundaries of the Premises are shown on Exhibit A, attached hereto and incorporated herein. The Premises includes the use of [Number] assigned parking spaces, identified as space numbers [Parking Space Numbers].

Tenant's Rights and Use of Common Areas

  • Option A: Tenant shall have the non-exclusive right to use the common areas of the Building, including lobbies, restrooms, break rooms, conference facilities, elevators, and stairways, subject to Landlord’s reasonable rules and regulations.
  • Option B: The Building includes the following business center amenities which Tenant may utilize: [List of Business Center Amenities].
  • Tenant shall have the right to use the building’s mail and package handling procedures as outlined in Exhibit B.
  • The building shall provide HVAC between the hours of 8:00 AM and 6:00 PM, Monday through Friday, excluding holidays.
  • The building shall provide standard lighting. Tenant is responsible for replacement of light bulbs within the leased premises.
  • The building provides internet/wifi infrastructure. Tenant shall contract for service directly with [Service Provider].
  • The building features the following security systems: [Description of Building Security Systems].

Permitted Use

  • Option A: The Premises shall be used solely for general office purposes and related activities.
  • Option B: The Premises shall be used only for [Specific Type of Business]. Tenant shall not use the Premises for any unlawful or hazardous business activities. Tenant shall not sublease, assign, or change the use of the Premises without Landlord’s prior written consent and any required regulatory approval. Tenant shall comply with all building rules, local zoning ordinances, Salt Lake City or other applicable municipal ordinances, and CC&Rs.

Lease Term

  • Option A: The lease term shall commence on [Commencement Date] and expire on [Expiration Date].
  • Option B: If Tenant holds over after the expiration date, the tenancy shall be on a month-to-month basis at [Percentage]% of the then-current monthly rent.
  • Option C: Tenant shall have the option to renew this lease for [Number] additional term(s) of [Length of 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. The rent for the renewal term shall be determined as follows: [Rent Escalation Method].
  • Tenant shall provide written notice to Landlord [Number] days prior to early termination of this lease. Tenant shall be subject to a penalty of [Amount] for early termination of this lease.

Rent and Security Deposit

  • Option A: The base rent shall be [Dollar Amount] per month, payable in advance on the first day of each month. If the commencement date is other than the first day of the month, rent shall be prorated for the partial month.
  • Option B: The annual rent shall increase by [Percentage]% each year on the anniversary of the commencement date. Alternatively, the annual rent shall be adjusted based on the cost of living, specifically the [Specific Index].
  • Rent shall be paid to Landlord at [Payment Address] or via [Payment Method].
  • A late payment fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date. A returned check charge of [Dollar Amount] shall apply.
  • The Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount]. Landlord shall hold the security deposit in accordance with Utah law. The security deposit may be used to cover any damages to the Premises or unpaid rent.
  • The Landlord shall maintain the Tenant’s security deposit in a separate escrow account at [Bank Name], located at [Bank Address], in accordance with Utah law.

Operating Expenses

  • Option A: This is a gross lease. Landlord shall be responsible for all operating expenses, property taxes, special assessments, utilities, janitorial services, and building management fees.
  • Option B: This is a modified gross lease. Landlord shall be responsible for property taxes, special assessments, and building management fees. Tenant shall be responsible for utilities (water, sewer, gas, electricity, trash, communications) and janitorial services for the Premises.
  • Option C: This is a triple net (NNN) lease. Tenant shall be responsible for its pro rata share of all operating expenses, property taxes, special assessments, utilities, janitorial services, Landlord's building management fees, and common area maintenance (CAM). Tenant’s pro rata share is [Percentage]%.
  • Utility expenses are the responsibility of the [Landlord or Tenant].

Tenant Improvements

  • Option A: Tenant shall not make any alterations or improvements to the Premises without Landlord’s prior written consent.
  • Option B: Tenant may make certain improvements to the Premises. All improvements shall be completed in accordance with Utah building, ADA, and fire codes. Tenant shall provide Landlord with plans and specifications for all proposed improvements for approval. Tenant shall obtain all necessary permits.
  • The Tenant shall provide a security deposit of [Amount] for any alterations to the premises.
  • Tenant shall provide Landlord with lien waivers from all contractors.
  • Landlord shall conduct a final inspection and acceptance of improvements.
  • Tenant improvements will be performed by [Contractor Name]

Repair and Maintenance

  • Landlord shall be responsible for maintaining the building structure, roof, and mechanical systems.
  • Tenant shall be responsible for the routine care of the Premises. Tenant shall promptly report any damage or needed repairs to Landlord.
  • Tenant shall be responsible for any damage caused by Tenant or Tenant’s invitees.
  • Landlord shall make reasonable efforts to minimize any interruption of essential services.

Insurance

  • Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage.
  • Landlord shall maintain property insurance on the Building.
  • Both parties shall obtain waivers of subrogation in favor of the other party.

Fire and Emergency

  • Tenant shall comply with all fire and emergency evacuation procedures and Utah fire codes.
  • Landlord shall provide Tenant with building access control procedures during emergencies.

Indemnification

  • Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising from Tenant’s use of the Premises.
  • Landlord shall indemnify and hold harmless Tenant from and against any and all claims, losses, damages, liabilities, and expenses arising from Landlord’s negligence.

Move-In/Move-Out

  • Prior to move-in, Landlord and Tenant shall conduct a joint inspection of the Premises and document the condition.
  • Upon move-out, Tenant shall return the Premises in the same condition as received, ordinary wear and tear excepted.
  • Landlord shall refund the security deposit within [Number] days after move-out, less any deductions for damages or unpaid rent.

Storage

  • Tenant shall not store any hazardous materials on the Premises.
  • Landlord shall not be responsible for any damage to Tenant’s property stored on the Premises.
  • Tenant is responsible for the disposal of abandoned goods.

Hazardous Materials Disclosure

  • Option A: Landlord discloses that the Building does not contain any known asbestos, lead, or other hazardous substances.
  • Option B: Landlord discloses that the Building contains [Description of Hazardous Materials].

Taxes

  • Tenant shall be responsible for any personal property taxes assessed on Tenant’s property located on the Premises.
  • Tenant shall be responsible for its pro rata share of any property tax increases.

Dispute Resolution

Any disputes arising out of this Agreement shall be resolved through direct negotiation. If negotiation fails, the parties shall submit to mediation or arbitration in Utah. This Agreement shall be governed by the laws of the State of Utah. Venue for any legal action shall be in [County] County, Utah.

Notices

All notices shall be in writing and shall be deemed delivered when personally served, sent by certified mail, or sent by electronic mail. Notices to Landlord shall be sent to [Landlord Utah Mailing Address] and [Landlord Email Address]. Notices to Tenant shall be sent to [Tenant Utah Mailing Address] and [Tenant Email Address].

Compliance

Tenant shall comply with all industry-specific licensing, permitting, and state/federal regulatory requirements for business operation on the Premises. Tenant shall maintain up-to-date business and corporate registration with the Utah Division of Corporations.

Fixtures and Signage

  • All fixtures and improvements installed by Tenant shall become the property of Landlord upon the expiration of the lease.
  • Tenant shall have the right to install signage on the exterior of the Building, subject to Landlord’s approval and local ordinances.

Landlord’s Right of Entry

Landlord shall have the right to enter the Premises for inspection and repair, with [Number] hours advance notice to Tenant, except in cases of emergency.

Transfer of Landlord’s Interest

Landlord shall have the right to transfer its interest in the Building. Tenant shall attorn to the new owner. Landlord shall provide Tenant with notice of any sale or assignment of building ownership.

Mortgage Subordination

This Lease shall be subordinate to any existing or future mortgage on the Building. Tenant agrees to execute a Subordination, Non-Disturbance, and Attornment Agreement (SNDA) upon Landlord’s request.

Building Rules and Regulations

The current Building Rules and Regulations are attached hereto as Exhibit C. Landlord may amend the Building Rules and Regulations from time to time.

ADA Compliance

Landlord shall be responsible for ADA compliance in the common areas. Tenant shall be responsible for ADA compliance within the leased Premises.

Tenant Improvement Allowance

Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount].

Business Hours

Building access hours are from [Start Time] to [End Time], Monday through Friday.

Addenda

[Optional: Add Utah-specific addenda, such as methamphetamine contamination disclosure if applicable. Add addendum name and information].

Electronic Signature

This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed original signatures for all purposes.

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

_______________________________

[Landlord Full Legal Name]

_______________________________

[Tenant Full Legal Name]

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