West Virginia office lease agreement template

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How West Virginia office lease agreement Differ from Other States

  1. West Virginia law requires landlords to return security deposits within 60 days after lease termination, which varies from other states.

  2. Unlike some states, West Virginia has no statutory limit on late fees, but they must be reasonable and specified in the lease.

  3. Commercial lease disclosures in West Virginia are less extensive, with fewer mandatory environmental or HVAC disclosures than some other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written office lease agreement required in West Virginia?

    A: It’s highly recommended and often required for leases longer than one year to ensure all terms are enforceable.

  • Q: Are there restrictions on security deposits for office leases?

    A: West Virginia does not cap commercial security deposits, but the lease should specify the amount and conditions.

  • Q: How much notice is needed to end an office lease?

    A: Notice periods are usually specified in the lease. If not, parties must agree mutually or follow any applicable state guidelines.

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West Virginia Office Lease Agreement

This West Virginia Office Lease Agreement is made and entered into as of this [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Limited Liability Company], with a principal place of business at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Corporation], with a principal place of business at [Tenant Address] ("Tenant").

Premises

Option A: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to the terms and conditions set forth herein, the office space located at [Property Address], Suite [Suite Number], consisting of approximately [Square Footage] square feet (the "Premises").

Option B: Landlord leases to Tenant a portion of the building located at [Property Address], described in Exhibit A attached hereto (the "Premises"). The Premises includes the exclusive use of [List Exclusive Areas, e.g., offices, conference rooms] and shared use of [List Shared Areas, e.g., restrooms, lobby]. The Premises contains approximately [Square Footage] rentable square feet.

Building Amenities

The Tenant shall have the right to use the following building amenities:

  • Lobby
  • Conference Rooms (subject to availability and scheduling)
  • Restrooms
  • Break Areas
  • Elevators
  • Security Systems
  • Mail/Service Access
  • IT Infrastructure (subject to separate agreement/charges)
  • Parking [Number] spaces in [Designated Area]

Use of Premises

Option A: The Premises shall be used solely for general office and business purposes and for no other use without the prior written consent of Landlord. Tenant shall comply with all applicable West Virginia zoning laws, city ordinances, and use permits.

Option B: The Premises shall be used for [Specific Business Purpose, e.g., accounting office] and related activities. Tenant shall not use the premises for any purpose that violates West Virginia law or the building's rules and regulations. The tenant is responsible for obtaining all necessary business licenses and permits required by West Virginia law.

Term

Option A: 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 B: This lease shall be for a term of [Number] years, beginning on [Start Date]. Tenant shall have the option to renew this lease for one additional term of [Number] years, provided that Tenant provides written notice to Landlord at least [Number] days prior to the Expiration Date.

Holdover: If the tenant remains in possession of the premises after the Expiration Date with the written consent of the Landlord, such holdover shall be construed as a month-to-month tenancy terminable upon thirty (30) days’ written notice by either party.

Rent

Option A: Tenant shall pay to Landlord as Base Rent for the Premises the sum of [Dollar Amount] per square foot per year, payable in equal monthly installments of [Dollar Amount], in advance on the first day of each month, commencing on the Commencement Date.

Option B: The monthly rent shall be [Dollar Amount], payable in advance on the first day of each month, starting on [Start Date]. The rent shall increase by [Percentage]% annually, commencing on the first anniversary of the Commencement Date.

Rent Abatement: [Number] months of rent abatement will be granted, starting on [Start Date] and ending on [End Date].

Security Deposit: Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount]. The security deposit will be held by the Landlord in an escrow account and will be refunded to the Tenant within [Number] days after the termination of the lease, provided that the tenant has complied with all terms of the lease and has not damaged the premises. This is subject to West Virginia law regarding security deposit returns.

Payment Information: All rent payments shall be made payable to [Payee Name] and sent to [Payment Address]. Landlord's Bank Name: [Bank Name], Bank Account Number: [Account Number], Routing Number: [Routing Number].

Other Charges

Option A: Tenant shall pay, as additional rent, Tenant's proportionate share of Common Area Maintenance (CAM) costs, which shall be calculated as [Percentage]% of the total CAM costs for the building.

Option B: In addition to the Base Rent, Tenant shall be responsible for the following:

  • Utilities: Tenant shall be directly responsible for all utilities serving the Premises, including electricity, gas, water, and sewer. Tenant will establish accounts directly with local West Virginia providers.
  • Property Taxes: Landlord will pay real property taxes.
  • CAM Fees: Tenant will pay CAM fees estimated at [Dollar amount], adjusted annually.
  • Janitorial services are the responsibility of the Tenant.

Tenant Improvements

Option A: Any improvements to the Premises shall require Landlord's prior written approval. All improvements shall comply with West Virginia building codes and permitting requirements.

Option B: Tenant shall have the right to make improvements to the premises with the Landlord's written approval. Upon termination of this lease, Tenant shall have the option to either remove the improvements or leave them on the premises. If Tenant chooses to remove the improvements, Tenant shall restore the premises to its original condition.

Repairs and Maintenance

Option A: Landlord shall maintain the structural portions of the building, including the roof, foundation, and exterior walls. Tenant shall be responsible for maintaining the interior of the Premises in good repair and condition.

Option B: Landlord shall be responsible for all structural repairs. Tenant is responsible for non-structural repairs. Tenant must report any damage or hazards in the office to Landlord promptly.

Insurance

Tenant shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, naming Landlord as an additional insured. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage. Such insurance must be compliant with West Virginia requirements.

Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to Tenant's use of the Premises, except to the extent caused by Landlord's negligence or willful misconduct. This is according to West Virginia law.

Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including, but not limited to, the Americans with Disabilities Act (ADA), OSHA, and the West Virginia Human Rights Act.

Default and Remedies

If Tenant fails to pay rent when due or otherwise breaches any term of this Lease, Landlord shall have the right to terminate this Lease and pursue all available remedies under West Virginia law, including eviction and recovery of damages. Landlord must provide Tenant with a written notice of default and an opportunity to cure the default within [Number] days.

Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through mediation in [City, West Virginia]. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, held in [City, West Virginia].

Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the parties at their respective addresses set forth above.

Quiet Enjoyment

Landlord covenants that Tenant, upon paying the rent and performing all of the terms and conditions of this Lease, shall peacefully and quietly have, hold, and enjoy the Premises during the term of this Lease, subject to Landlord’s right to enter the premises with reasonable advance notice for inspection or repairs as permitted by West Virginia statute.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease to the extent that such failure is caused by a force majeure event, including, but not limited to, acts of God, war, terrorism, fire, flood, or other natural disaster.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of West Virginia.

Entire Agreement

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.

Tax Clause

Tenant is responsible for all business and occupation (B&O) taxes levied on its business operations within the Premises, as applicable in West Virginia. Landlord remains responsible for real estate taxes on the property itself.

Estoppel Certificate

Tenant agrees to furnish to Landlord, within ten (10) days after request, a statement in writing certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), the dates to which the rent and other charges have been paid, and whether or not, to the best knowledge of Tenant, Landlord is in default under this Lease, and, if so, specifying the nature of the default.

Signage

Tenant shall be permitted to install signage consistent with Landlord's standards. All signs must comply with local signage ordinances and require Landlord's prior written approval.

Waste Disposal

Tenant shall comply with all local West Virginia ordinances related to waste disposal and recycling. Tenant is responsible for contracting with a local waste management service.

Severability

If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Lease 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]

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