Virginia warehouse lease agreement template
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How Virginia warehouse lease agreement Differ from Other States
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Virginia requires strict compliance with state-specific property disclosure and safety regulations, which may differ from other states.
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Security deposit handling and return timelines are governed by unique provisions under the Virginia Landlord and Tenant Act.
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Eviction and default processes in Virginia follow particular notice and procedural rules that can vary from standard practices in other states.
Frequently Asked Questions (FAQ)
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Q: Is a written warehouse lease agreement required in Virginia?
A: While not always required, having a written agreement is highly recommended to clarify obligations and prevent disputes.
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Q: How much security deposit can be collected for a warehouse lease in Virginia?
A: Virginia law generally limits security deposits to no more than two months’ rent, similar to residential leases.
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Q: Who is responsible for property maintenance in a Virginia warehouse lease?
A: Maintenance responsibilities are usually defined in the lease. Both landlord and tenant may share duties, depending on the agreement.
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Virginia Warehouse Lease Agreement
This 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").
Premises:
Option A: Landlord leases to Tenant, and Tenant leases from Landlord, the warehouse premises located at [Warehouse Address], bearing tax parcel number [Tax Parcel Number] and containing approximately [Square Footage] square feet and [Cubic Footage] cubic feet.
Option B: Landlord leases to Tenant, and Tenant leases from Landlord, a portion of the warehouse premises located at [Warehouse Address], specifically [Detailed Description of Leased Portion, e.g., Bay 3], bearing tax parcel number [Tax Parcel Number] and containing approximately [Square Footage] square feet and [Cubic Footage] cubic feet.
Clear height of the premises is [Clear Height] feet. The premises include [Number] dock doors and [Number] drive-in doors, with specifications as follows: [Dock/Door Specifications]. Floor load capacity is [Floor Load Capacity]. Designated loading/unloading areas are [Loading Area Description]. Parking details include [Number] truck/trailer spots and [Number] car parking spots, located [Parking Location Description]. The premises also include [Description of Office/Storage Space] of dedicated office and/or storage space.
Warehouse Systems and Infrastructure:
Option A: The premises include a sprinkler/fire suppression system in [Working/Non-Working] condition, which Tenant may use per applicable codes. The permissible uses of the fire suppression system are [Permissible Uses].
Option B: The premises include HVAC in [Working/Non-Working] condition, with specifications [HVAC Specifications].
Option C: The premises include lighting, electrical capacity of [Amperage] amperage and [Voltage] voltage, access control systems [Description], security/alarm equipment [Description], and fiber/internet infrastructure [Description].
The tenant shall comply with all applicable laws regarding the fire/life safety system, and will test such system as needed for compliance.
Permitted Use:
Option A: The premises shall be used solely for warehouse, distribution, and related industrial activities permissible under Virginia law.
Option B: The premises shall be used solely for [Specific Use, e.g., light manufacturing, product assembly], and related activities permissible under Virginia law.
Tenant shall comply with all applicable Virginia zoning, land use, building code, fire code, and hazardous materials regulations. Non-conforming uses are prohibited.
Lease Term:
Option A: The term of this lease shall commence on [Start Date] and expire on [End Date].
Option B: The lease term shall be for a period of [Number] years, commencing on [Start Date].
Option C: Renewal option: Tenant shall have the option to renew this lease for an additional term of [Number] years, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial term.
Holdover: Any holdover beyond the expiration date shall be on a month-to-month basis at a rental rate of [Percentage]% of the then-current rent.
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. The per-square-foot rate is [Dollar Amount].
Option B: The rent shall be structured as a Gross Lease, with Landlord paying for property taxes, insurance, and common area maintenance.
Option C: The rent shall be structured as a Net-Net-Net (NNN) Lease, with Tenant being responsible for its pro rata share of property taxes, insurance, and common area maintenance, estimated at [Dollar Amount] per month.
Security Deposit: Tenant shall pay a security deposit of [Dollar Amount], to be held by Landlord in accordance with Virginia law. The security deposit will be returned, less any deductions for damages or unpaid rent, within 45 days of the lease termination.
Rent Escalation: The rent shall increase by [Percentage]% annually, commencing on [Date].
Late Charge: A late charge of [Dollar Amount] shall be assessed for any rent payment received more than [Number] days after the due date, with interest accruing at [Percentage]% per annum, to the extent permitted by Virginia law.
Utilities and Services:
Option A: Landlord shall be responsible for arranging and paying for [List of Utilities/Services, e.g., water, sewer, waste disposal]. Tenant shall be responsible for arranging and paying for [List of Utilities/Services, e.g., electricity, internet].
Option B: Tenant shall be responsible for arranging and paying for all utilities and services, including but not limited to electric, water, sewer, waste disposal, snow removal, pest control, and alarm monitoring.
Metering: Utilities shall be metered separately for the premises, or Tenant's pro rata share will be calculated based on [Calculation Method].
Repair and Maintenance:
Option A: Landlord shall be responsible for maintaining the roof, structural elements, walls, and slab/floor, as well as loading docks, doors, dock levelers, and fire/life safety systems.
Option B: Tenant shall be responsible for maintaining the interior of the premises, including ongoing cleaning, HVAC maintenance, and minor repairs.
Landlord is responsible for major repairs, as required to maintain the premises in accordance with Virginia's landlord-tenant laws.
Modifications and Improvements:
Tenant shall not make any modifications, including racking installation, shelving, signage, or tenant improvements, without Landlord's prior written approval. Any modifications must comply with city/county permitting and code requirements, and Tenant shall provide Landlord with lien releases.
At the end of the lease, Tenant shall restore the premises to its original condition, reasonable wear and tear excepted, unless otherwise agreed in writing.
Insurance:
Tenant shall maintain commercial general liability insurance with minimum limits of [Dollar Amount].
Tenant shall also maintain property insurance for Tenant’s inventory/equipment.
Landlord shall be named as an additional insured on Tenant’s commercial general liability insurance policy.
Landlord shall maintain casualty and property insurance for the building.
Indemnification and Liability:
Tenant shall indemnify and hold Landlord harmless from any claims arising from Tenant’s operations, invitees, or third-party access, subject to the limitations of Virginia's anti-indemnification statute.
Subletting and Assignment:
Tenant shall not sublet or assign this lease without Landlord’s prior written consent, which consent shall not be unreasonably withheld.
Compliance with Laws:
Tenant shall comply with all federal, state (including the Virginia Uniform Statewide Building Code), and local laws, rules, and permit/inspection requirements, including accessibility (ADA), environmental, and stormwater regulations.
Casualty and Condemnation:
If the premises are damaged by casualty or taken by condemnation, the parties shall follow the procedures outlined in Virginia law regarding repair, rebuilding, rent abatement, or termination.
Access:
Landlord shall have the right to access the premises with reasonable notice (except in emergencies) for inspections, repairs, and showings to prospective buyers or tenants.
Tenant shall have the right of quiet enjoyment of the premises, subject to compliance with the terms of this lease.
Default and Remedies:
Events of default include non-payment of rent or illegal warehouse operations.
Landlord shall provide Tenant with written notice of any default and an opportunity to cure within [Number] days.
Landlord’s remedies for default include termination, re-entry, re-letting, and suit for damages, as permitted by Virginia law.
Move-In/Move-Out:
Tenant shall leave the premises in broom-clean condition at the end of the lease term.
Tenant shall remove all racking/shelving and personal property.
Any abandoned items shall be disposed of as per Virginia statute.
The security deposit shall be returned within 45 days, with an itemized list of any deductions in accordance with Va. Code § 55.1-1226.
Real Estate Taxes:
Option A: Landlord shall pay all real estate taxes.
Option B: Tenant shall be responsible for its pro rata share of real estate taxes.
Fire Prevention:
Tenant shall maintain all fire suppression and alarm systems in compliance with applicable codes and fire marshal directives.
Pest Control and Environmental Compliance:
Tenant shall be responsible for pest/rodent control.
Tenant shall comply with all environmental laws and regulations, including proper handling and disposal of hazardous materials.
Business Hours and Truck Access:
Permitted business hours are [Hours].
Delivery windows are [Hours].
Truck access protocols are [Protocols].
Building Rules:
Tenant shall comply with all building and project-specific rules, loading dock policies, and shall cooperate with neighboring tenants.
Certificate of Occupancy and Permits:
Tenant shall obtain and maintain all necessary permits and licenses for its operations, including a Certificate of Occupancy.
Governing Law and Dispute Resolution:
This lease shall be governed by the laws of the Commonwealth of Virginia.
Any disputes shall be resolved through negotiation, mediation, and, if necessary, litigation in the courts of [County/City], Virginia.
Miscellaneous:
All notices shall be sent to the addresses listed above.
This Agreement constitutes the entire agreement between the parties and may be amended only in writing signed by both parties.
The landlord has the right to show the property to prospective buyer/tenant showings, regular inspections, or repairs, with minimum notice periods of 24 hours.
Disclosures: [Relevant property disclosures, such as known environmental hazards, lead-based paint (if applicable)].
Landlord’s Right to Mortgage/Transfer: Landlord has the right to mortgage or transfer interest in the warehouse.
Signage:
All signage, advertisements, and exterior modifications are subject to Landlord and local authority approval and compliance with local commercial signage ordinances.
Force Majeure:
Neither party shall be liable for any failure to perform its obligations under this lease if such failure is caused by a force majeure event.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
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[Landlord Name], Landlord
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[Tenant Name], Tenant