Utah retail lease agreement template
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How Utah retail lease agreement Differ from Other States
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Utah state law requires specific disclosures regarding hazardous materials and environmental conditions not always mandated elsewhere.
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Utah permits lease termination with a 3-day written notice for certain monetary defaults, which may differ from longer notice periods in other states.
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Triple net lease arrangements are common in Utah, with clear guidelines on tenant responsibility for taxes, insurance, and maintenance compared to some states.
Frequently Asked Questions (FAQ)
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Q: Does a Utah retail lease agreement need to be notarized?
A: No, notarization is not required for validity, but all parties should sign the lease to ensure it is legally enforceable.
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Q: What disclosures are required in a Utah retail lease agreement?
A: Landlords must disclose lead-based paint (if applicable), hazardous material issues, and certain property conditions under Utah law.
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Q: Can a landlord increase rent during the lease in Utah?
A: Rent increases during the lease are allowed only if the lease agreement specifically permits it with proper notice to the tenant.
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Utah Retail Lease Agreement
This Utah Retail Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord Name], residing at [Landlord Address] (“Landlord”), and [Tenant Name], a [State of Incorporation] corporation with its principal place of business at [Tenant Address] (“Tenant”). Tenant's Utah business registration number (if applicable) is [Utah Business Registration Number].
Agreement Date: [Date]
Landlord Name: [Landlord Name]
Landlord Address: [Landlord Address]
Tenant Name: [Tenant Name]
Tenant Address: [Tenant Address]
Tenant Utah Business Registration Number: [Registration Number]
Premises
Option A: The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises located at [Street Address], Suite [Suite Number], in the City of [City], County of [County], State of Utah, more particularly described as follows: [Detailed Legal Description of Premises, including floor plan if applicable] and depicted on Exhibit A attached hereto (the "Premises"). The Premises consists of approximately [Square Footage] square feet of rentable area.
Option B: Description to include the specific floor plan, square footage boundaries, loading zones, number of parking spaces and their allocation, permitted signage locations, storage areas, customer access routes and any back-of-house or service corridors.
Parking Spaces: [Number] spaces, allocated as [Specific Parking Allocation Description].
Loading Zone: Located at [Loading Zone Location].
Permitted Use
Option A: The Premises shall be used and occupied solely for the purpose of operating a retail business specializing in the sale of [Specific Products/Services], and for no other purpose.
Option B: The Premises shall be used and occupied for the operation of a [Type of Business]. Tenant will comply with all applicable zoning and use regulations under Utah law.
Compliance with Laws
Option A: Tenant shall comply with all applicable Utah statutes, county or city ordinances (including business licensing, public accommodation, ADA compliance, and retail-specific regulations), and industry best practices.
Option B: Tenant shall obtain and maintain all necessary licenses and permits required to operate its business in the Premises, including but not limited to a business license from [City/County].
Exclusive Use & Prohibited Uses
Option A: Landlord agrees that during the term of this Lease, Landlord shall not lease any other space in the building/shopping center located at [Property Address] to a business whose primary business is the sale of [Restricted Product/Service].
Option B: Tenant agrees to refrain from engaging in the following prohibited uses: [List of Prohibited Uses, e.g., adult entertainment, non-retail activity, etc.].
Lease Term
Option A: The initial term of this Lease shall be for [Number] years and [Number] months, commencing on [Commencement Date] and expiring on [Expiration Date].
Option B: Renewal Option: Provided Tenant is not in default, Tenant shall have the option to renew this Lease for [Number] additional terms of [Number] years each. Tenant must provide Landlord with written notice of its intent to renew at least [Number] days prior to the expiration of the then-current term.
Notice period: [Number] days.
Rent
Option A: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the first day of each month, commencing on [Commencement Date]. Rent shall be paid to Landlord at [Payment Address].
Option B: Percentage Rent: In addition to the base rent, Tenant shall pay to Landlord percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Dollar Amount] per [Time Period] during the Lease term.
Gross Sales Definition: Gross sales are defined as [Detailed Definition of Gross Sales].
Common Area Maintenance (CAM)
Option A: Tenant shall pay its proportionate share of Common Area Maintenance (CAM) charges, which shall be [Percentage]% of the total CAM expenses for the property. CAM expenses include, but are not limited to, [List of CAM Expenses].
Option B: Landlord shall provide Tenant with an annual budget of estimated CAM expenses. Tenant shall pay [Monthly Amount] monthly as an estimate of CAM charges. Landlord will reconcile the actual CAM expenses against the estimated payments annually, and Tenant shall pay any deficiency or receive a credit for any overpayment within [Number] days of receipt of Landlord's statement.
Security Deposit
Option A: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.
Option B: The security deposit may be applied by Landlord to cover any damages to the Premises, unpaid rent, or other amounts owed by Tenant under this Lease, subject to Utah law.
Utilities and Services
Option A: Tenant shall be responsible for contracting and paying directly for the following utilities and services: [List of Utilities/Services Tenant Pays].
Option B: Landlord shall provide the following utilities and services: [List of Utilities/Services Landlord Pays]. Landlord is not liable for service interruptions outside of Landlord’s reasonable control.
Tenant Improvements
Option A: Tenant shall be responsible for all tenant improvements to the Premises. All improvements shall be completed in accordance with all applicable building codes and regulations in the City of [City] and State of Utah.
Option B: Landlord shall provide Tenant with a tenant improvement allowance of [Dollar Amount], to be used for improvements to the Premises. All improvements are subject to Landlord's approval.
Design Control: [Description of design control process]
Signage
Option A: Tenant shall have the right to install signage on the Premises, subject to Landlord's approval and compliance with all applicable signage ordinances in the City of [City] and State of Utah.
Option B: Permitted types, sizes, and locations of signage are described in Exhibit [Exhibit Number] attached hereto.
Repair and Maintenance
Option A: Landlord shall be responsible for maintaining the roof, structure, and exterior of the Premises. Tenant shall be responsible for maintaining the interior of the Premises, including the storefront, fixtures, and equipment.
Option B: Tenant shall notify landlord in writing of any maintenance needed. Landlord shall be required to respond to such notification within [Time Frame].
Alterations and Additions
Option A: Tenant shall not make any alterations or additions to the Premises without Landlord's prior written consent.
Option B: All alterations and additions must comply with all applicable building codes and regulations in the City of [City] and State of Utah, and Tenant shall provide Landlord with lien waivers from all contractors.
Subletting and Assignment
Option A: Tenant shall not sublet the Premises or assign this Lease without Landlord's prior written consent, which consent shall not be unreasonably withheld.
Option B: If Tenant sublets or assigns the lease, Landlord is entitled to [Percentage]% of any profit.
Insurance
Option A: Tenant shall maintain commercial general liability insurance with minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, naming Landlord as an additional insured. Tenant shall also maintain fire and casualty insurance on its contents.
Option B: Tenant must provide Landlord with certificates of insurance evidencing the required coverage prior to occupancy.
Casualty and Condemnation
Option A: If the Premises are damaged by fire or other casualty, Landlord shall have the option to repair the Premises. Rent shall be abated during the period of repair.
Option B: If the Premises are rendered untenantable, Tenant shall have the right to terminate this Lease.
Operating Covenants
Option A: Tenant shall continuously operate its business in the Premises during normal business hours, which are defined as [Business Hours].
Option B: Tenant agrees to maintain window displays and otherwise actively promote its business.
Landlord's Access
Option A: Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, repair, or maintenance, after providing Tenant with reasonable notice.
Option B: Landlord shall provide [Number] hours' notice before entering premises, except in the case of an emergency.
Default and Remedies
Option A: If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to terminate this Lease and evict Tenant in accordance with Utah law.
Option B: Landlord may also pursue all other remedies available at law or in equity, including but not limited to damages for breach of contract.
Move-In and Move-Out
Option A: Tenant shall deliver the Premises in good condition at the expiration or termination of this Lease, reasonable wear and tear excepted.
Option B: Tenant shall remove all trade fixtures and personal property from the Premises upon vacating. Any property left behind after [Number] days will be deemed abandoned.
Dispute Resolution
Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation in Salt Lake City, Utah.
Option B: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in Salt Lake City, Utah, in accordance with the rules of the American Arbitration Association.
Force Majeure
Option A: Neither party shall be liable for any failure to perform its obligations under this Lease due to force majeure events, including but not limited to acts of God, war, terrorism, or government regulations.
Option B: If a force majeure event continues for more than [Number] days, either party may terminate this Lease.
Environmental
Option A: Landlord represents that the Premises are free from any known environmental hazards.
Option B: Tenant shall comply with all applicable environmental laws and regulations.
Property Association/Retail Center Rules
Option A: The Premises are subject to the rules and regulations of the [Name of Property Association/Retail Center], attached hereto as Exhibit [Exhibit Number].
Option B: Tenant agrees to abide by the rules, which may change over time.
Taxes
Option A: Landlord shall be responsible for paying all real property taxes assessed against the Premises. Tenant shall be responsible for paying all sales or transactional privilege taxes arising from its business operations.
Option B: Tenant to provide documentation to landlord for any tax delinquencies.
Compliance with Utah-Specific Codes
Option A: Tenant shall comply with all applicable Utah-specific fire codes, local health and safety licensing, and city permitting requirements for retail operation.
Option B: Landlord to provide documentation related to necessary compliance codes.
General Provisions
Option A: This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Option B: This Lease shall be governed by and construed in accordance with the laws of the State of Utah. Any legal action relating to this Lease shall be brought in the state or federal courts located in Salt Lake County, Utah.
IN WITNESS WHEREOF, the parties have executed this Utah Retail Lease Agreement as of the date first written above.
[Landlord Name]
By: [Landlord Signature]
Name: [Landlord Printed Name]
Title: [Landlord Title]
[Tenant Name]
By: [Tenant Signature]
Name: [Tenant Printed Name]
Title: [Tenant Title]