Washington warehouse lease agreement template
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How Washington warehouse lease agreement Differ from Other States
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Washington requires specific disclosures for environmental hazards and hazardous material storage unique to the state.
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State law mandates minimum notice periods for terminating commercial leases, differing from other states’ requirements.
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Washington’s commercial leasing laws allow for non-judicial remedies regarding tenant defaults, differing from some states’ procedures.
Frequently Asked Questions (FAQ)
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Q: Is a written lease agreement required for warehouses in Washington?
A: Written agreements are strongly recommended to ensure all parties are protected and obligations are clear under Washington law.
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Q: Are there unique state disclosures required in Washington warehouse leases?
A: Yes. Disclosures for hazardous material and compliance with local zoning or environmental regulations are required in Washington.
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Q: What is the standard notice period for terminating a warehouse lease in Washington?
A: Under Washington law, at least 30 days’ written notice is standard for terminating most commercial warehouse leases.
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Washington Warehouse Lease Agreement
This Washington Warehouse Lease Agreement (the “Agreement”) is made and entered into as of [Effective Date], by and between [Landlord Legal Name], a [Landlord Entity Type] with its principal place of business at [Landlord Address], (hereinafter referred to as "Landlord"), and [Tenant Legal Name], a [Tenant Entity Type] with its principal place of business at [Tenant Address], and, if applicable, registered agent information as follows: [Registered Agent Name] at [Registered Agent Address], (hereinafter referred to as "Tenant").
1. Leased Property
Option A:
The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse space located at [Street Address], Unit Number [Unit Number], also legally described as [Legal Parcel Description] (the "Premises").
Option B:
The Premises includes a total rentable square footage of [Total Square Footage] square feet, with a clear ceiling height of [Ceiling Height]. The Premises includes [Number] dock and loading bays, [Number] drive-in doors, and [Yard Area Description].
Option C:
The Premises includes the following exclusive-use areas: [Exclusive-Use Areas, e.g., Office Space]. The Premises also includes access to the following common areas: [Common Areas, e.g., Restrooms].
2. Permitted Use
Option A:
The Premises shall be used by the Tenant solely for the purpose of warehouse, distribution, and storage of [Specific Goods].
Option B:
The Tenant shall not use the Premises for any purpose other than that stated above without the prior written consent of the Landlord.
Option C:
Manufacturing, retail sales, or other non-conforming business activities are strictly prohibited without the prior written consent of Landlord and compliance with all applicable Washington and local zoning regulations and business licensing. The Tenant is responsible for acquiring and maintaining all necessary state and local business licenses, certifications, and regulatory permits required for its intended use of the Premises, including compliance with all applicable King County or other local city ordinances, environmental rules, and Washington State Department of Ecology requirements.
3. Lease Term
Option A:
The term of this Lease shall commence on [Start Date] and shall expire on [End Date].
Option B:
Renewal Option: Tenant shall have the option to renew this Lease for [Renewal Term Length] additional term(s) by providing Landlord with written notice at least [Notice Period] days prior to the expiration of the then-current term.
Option C:
Early Termination: Tenant may terminate this Lease early by providing [Notice Period] written notice to Landlord and paying a termination fee of [Termination Fee Amount].
Option D:
Holdover: If Tenant remains in possession of the Premises after the expiration or termination of this Lease, such occupancy shall be deemed a month-to-month tenancy, subject to all of the terms and conditions of this Lease, as applicable, with rent at [Holdover Rent Percentage]% of the then-current monthly rent.
4. Rent
Option A:
Base Rent: The base monthly rent for the Premises shall be [Monthly Rent Amount], payable in advance on the first day of each month, commencing on [Start Date].
Option B:
Security Deposit: Tenant shall deposit with Landlord a security deposit of [Security Deposit Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease.
Option C:
Rent Escalation: The base monthly rent shall increase annually by [Escalation Percentage]% on each anniversary of the Lease commencement date.
Option D:
Additional Rent: In addition to the base monthly rent, Tenant shall pay, as additional rent, Tenant’s proportionate share of all real property taxes, insurance, and common area maintenance charges (collectively, "CAM"). Tenant's proportionate share is [Tenant's Percentage Share]% of the total amount of such expenses. CAM charges include but are not limited to property taxes, utilities, building insurance, and common area maintenance. The following utilities are included: Water, Sewer, Gas, Electric, Refuse Service, Snow Removal, Landscaping, and Loading Dock Maintenance.
5. Payment
Option A:
All rent payments shall be made payable to [Payee Name] and sent to [Payment Address].
Option B:
Late Fee: If rent is not received by the [Late Fee Grace Period] day of the month, Tenant shall pay a late fee of [Late Fee Amount].
6. Alterations and Improvements
Option A:
Tenant shall not make any alterations or improvements to the Premises without the prior written consent of the Landlord.
Option B:
All alterations and improvements made by Tenant shall comply with the Washington State Building Code and all other applicable laws and regulations.
Option C:
Upon the expiration or termination of this Lease, Tenant shall remove all alterations and improvements made by Tenant, and restore the Premises to its original condition, reasonable wear and tear excepted.
7. Maintenance and Repair
Option A:
Landlord shall be responsible for maintaining the structural components of the Premises, including the roof, foundation, and exterior walls.
Option B:
Tenant shall be responsible for maintaining the interior of the Premises in good repair and condition, including all interior systems and janitorial care.
Option C:
Tenant shall promptly notify Landlord of any damage to the Premises.
8. Insurance
Option A:
Tenant shall maintain commercial general liability insurance with a minimum coverage of [Coverage Amount].
Option B:
Landlord shall maintain property insurance on the building.
Option C:
Tenant shall maintain insurance on its personal property and equipment located on the Premises.
Option D:
All insurance policies shall include a waiver of subrogation in favor of the other party.
9. Indemnification
Option A:
Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising out of or related to Tenant's use of the Premises. This includes, but is not limited to, claims relating to the handling of hazardous materials or dangerous goods.
10. Hazardous Materials
Option A:
Tenant shall not store, use, or dispose of any hazardous materials on the Premises in violation of any applicable laws or regulations. Tenant shall comply with all applicable Washington and federal hazardous waste regulations.
11. Compliance with Laws
Option A:
Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable safety, emergency, and fire codes.
Option B:
Tenant shall maintain fire suppression systems, emergency exits, and alarm inspections as dictated by local fire marshals.
12. Access
Option A:
Landlord shall have the right to access the Premises for the purpose of inspection and repair, upon reasonable notice to Tenant, except in cases of emergency. Landlord agrees to provide at least [Notice Hours] hours’ notice before entering the premises.
13. Subleasing and Assignment
Option A:
Tenant shall not sublease the Premises or assign this Lease without the prior written consent of the Landlord.
Option B:
Any assignment or subletting without Landlord's consent shall be voidable at Landlord's option.
14. Utilities and Technology Infrastructure
Option A:
Tenant shall be responsible for all utility charges associated with its use of the Premises.
Option B:
Tenant shall have the right to install or upgrade internet/data cabling subject to building and city/electrical codes. Tenant is responsible for restoration/removal obligations at the lease-end.
15. Taxes
Option A:
Tenant shall be responsible for the payment of all personal property taxes assessed against Tenant's personal property located on the Premises.
Option B:
Allocation and payment of property taxes, assessments, stormwater fees, B&O tax awareness, and sales tax application to rent or services where required by state law, with proper reference to RCW codes, are addressed as follows: [Detailed Tax Allocation].
16. Default
Option A:
If Tenant fails to pay rent when due or otherwise breaches this Lease, Landlord shall have the right to pursue all remedies available under Washington law, including eviction.
Option B:
Landlord shall provide Tenant with [Cure Period] days written notice of default and opportunity to cure.
17. Dispute Resolution
Option A:
Any dispute arising out of or relating to this Lease shall be resolved through mediation in [County Name] County, Washington.
Option B:
If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Option C:
This lease shall be governed by and construed in accordance with the laws of the State of Washington.
18. Binding Effect
Option A:
This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
19. Entire Agreement
Option A:
This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
20. Counterparts
Option A:
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.
IN WITNESS WHEREOF, the parties have executed this Washington Warehouse Lease Agreement as of the date first written above.
Landlord:
____________________________
[Landlord Legal Name]
By: ____________________________
[Landlord Signature]
Name: [Landlord Printed Name]
Title: [Landlord Title]
Tenant:
____________________________
[Tenant Legal Name]
By: ____________________________
[Tenant Signature]
Name: [Tenant Printed Name]
Title: [Tenant Title]
Attachments:
- Exhibit A: Property/Site Plan
- Exhibit B: Rules and Regulations
- Exhibit C: Statement of Prohibited Items or Activities
- Exhibit D: Inventory of Landlord’s Provided Equipment or Fixtures
- Exhibit E: Copies of Required Certificates of Insurance