West Virginia retail lease agreement template

West Virginia Retail Lease Agreement

This West Virginia Retail Lease Agreement (the "Lease") is made and entered into as of [Date], by and between:

[Landlord Name], a [Landlord Entity Type, e.g., LLC, Corporation, Individual], with a principal place of business at [Landlord Address] ("Landlord"), and

[Tenant Name], a [Tenant Entity Type, e.g., LLC, Corporation, Individual], with a principal place of business at [Tenant Address] ("Tenant").

Guarantor (if applicable): [Guarantor Name], residing at [Guarantor Address].

1. Premises

Option A: The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises (the "Premises") located at [Property Street Address], [County], West Virginia, identified as parcel or lot number [Parcel/Lot Number], and described as follows: [Detailed Description of Leased Unit, including retail square footage, frontage, loading access, signage rights, and delineation of any storage, stockroom, or exclusive-use spaces].

Option B: (If part of a larger shopping center) The Landlord leases to the Tenant, and the Tenant leases from the Landlord, Suite Number [Suite Number] in the building located at [Property Street Address], [County], West Virginia (the "Shopping Center"), comprising approximately [Retail Square Footage] square feet, as outlined on Exhibit A attached hereto.

2. Use of Premises

Option A: The Premises shall be used and occupied solely for the purpose of operating a [Precise Nature of Business, e.g., clothing store, restaurant, specialty retail], and for no other purpose. Tenant shall comply with all applicable zoning ordinances, local business licensing requirements, health, safety, fire, and building codes of West Virginia.

Option B: The Premises shall be used and occupied solely for general retail sales and services permitted under the applicable zoning regulations of the City/County of [City/County Name], West Virginia, and shall comply with all applicable West Virginia state and federal regulations.

The Tenant covenants for lawful operations and continued compliance with all industry-specific state and federal regulations. No unapproved changes in use, subleasing, or assignment are permitted without the Landlord's prior written consent, which consent shall not be unreasonably withheld.

3. Term

Option A: The term of this Lease shall commence on [Start Date] and shall expire on [End Date] (the "Term").

Option B: The term of this Lease shall be for a period of [Number] years, commencing on [Start Date].

Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided that Tenant provides Landlord with written notice of its intent to renew at least [Number] months prior to the expiration of the then-current Term.

The move-in date is [Move-in Date]. The move-out date is [Move-out Date]. Holdover conditions shall be governed by West Virginia law.

4. 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 during the Term, without deduction or set-off, to Landlord at [Payment Address] or such other place as Landlord may designate in writing. Payments shall be made by [Payment Method, e.g., check, EFT].

Option B: The base rent shall be calculated at a rate of [Dollar Amount] per square foot per year, payable in equal monthly installments of [Dollar Amount].

Escalation: The base rent shall increase by [Percentage]% on [Date/Frequency].

CPI Increase: The base rent shall increase annually based on the Consumer Price Index (CPI) increase for the [City/Region] area, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease. Permitted uses and deductions from the security deposit shall be governed by West Virginia law. Tenant is responsible for payment of West Virginia-specific sales, use, and Business & Occupation tax if applicable.

5. Common Area Maintenance (CAM)

Option A: Tenant shall pay its proportionate share of the costs of maintaining the common areas of the Shopping Center, including but not limited to parking areas, landscaping, walkways, and exterior lighting. Tenant's proportionate share shall be [Percentage]% of the total CAM expenses.

Option B: CAM charges are included in the base rent.

CAM contributions will be calculated and invoiced [Frequency, e.g., monthly, quarterly].

6. Utilities, Taxes and Assessments

Option A: Tenant shall be responsible for the payment of all utilities serving the Premises, including but not limited to water, sewer, electricity, and trash removal.

Option B: Landlord shall be responsible for water and sewer, while Tenant shall be responsible for electricity and trash removal.

Tenant shall be responsible for the payment of all personal property taxes assessed against Tenant's equipment and inventory. Landlord shall pay real property taxes and assessments.

7. Maintenance and Repairs

Option A: Landlord shall be responsible for maintaining the structural components of the Premises, including the roof, foundation, and exterior walls. Tenant shall be responsible for all other maintenance and repairs, including but not limited to interior walls, flooring, plumbing, electrical systems, HVAC, glass, signage, and restrooms.

Option B: Landlord shall be responsible for HVAC, structural components, and parking lot maintenance. Tenant shall be responsible for all interior maintenance, including but not limited to fixtures, signage, and restrooms.

All maintenance and repairs shall be performed in a good and workmanlike manner. Landlord shall comply with West Virginia's warranty of habitability and state disclosure laws.

8. Alterations and Improvements

Option A: Tenant shall not make any alterations or improvements to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. All alterations and improvements shall become the property of Landlord upon the expiration or termination of this Lease.

Option B: Tenant may make non-structural alterations and improvements without Landlord's consent, provided that such alterations and improvements do not materially affect the value of the Premises. All structural alterations require Landlord's prior written approval.

All alterations must comply with applicable code upgrades and require necessary permits. Tenant is responsible for restoration condition at lease end, as agreed upon in writing.

9. Insurance and Indemnification

Option A: Tenant shall maintain commercial general liability insurance with minimum coverage of [Dollar Amount] per occurrence and property insurance covering Tenant's personal property and fixtures in an amount sufficient to cover replacement costs. Landlord shall be named as an additional insured on Tenant's commercial general liability policy.

Option B: Tenant shall maintain [Dollar Amount] in commercial general liability insurance and property insurance covering tenant improvements and business personal property. Landlord maintains property insurance on the building structure.

Landlord and Tenant each waive all rights of subrogation against the other. Risk of loss, indemnification, and waiver of subrogation are allocated as allowed by West Virginia law. Compliance with West Virginia insurance minimums is required.

10. Landlord's Access

Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, repair, or maintenance, provided that Landlord gives Tenant at least [Number] hours' notice, except in cases of emergency.

11. 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 re-enter the Premises. Landlord shall also have the right to pursue all other remedies available under West Virginia law, including but not limited to recovery of unpaid rent, damages, late fees, interest, and attorney's fees.

Option B: Tenant shall have [Number] days to cure any monetary default. For non-monetary defaults, Tenant shall have [Number] days to cure, or if the default cannot reasonably be cured within such time, Tenant shall commence cure within such time and diligently pursue it to completion.

Late fees shall be [Dollar Amount or Percentage]. Interest on late payments shall accrue at a rate of [Percentage]% per annum, or the maximum rate permitted by West Virginia law, whichever is less. Attorney fee provisions comply with West Virginia's enforcement rules.

12. Governing Law and Venue

This Lease shall be governed by and construed in accordance with the laws of the State of West Virginia. The venue for any action arising out of or relating to this Lease shall be in the state courts located in [County Name] County, West Virginia.

Dispute Resolution:

Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation in [City], West Virginia, before resorting to litigation.

Option B: All disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

13. Compliance with Laws

Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to accessibility requirements (ADA), environmental regulations (hazardous materials use/storage), and signage ordinances. Restrictions on use/installation of outdoor displays or temporary structures are outlined in Exhibit B.

14. Casualty and Condemnation

Option A: If the Premises are damaged by fire or other casualty, this Lease shall terminate unless Landlord elects to repair the Premises. If Landlord elects to repair the Premises, rent shall abate during the period of repair.

Option B: In the event of a casualty rendering the Premises unusable, rent shall abate proportionally to the unusable square footage. Landlord will restore the premises with reasonable speed and insurance proceeds will be applied to the restoration.

West Virginia-specific procedures for rent abatement, insurance proceeds, and rebuilding shall apply. If a material portion of the Premises is taken by eminent domain, either Landlord or Tenant may terminate this Lease.

15. Estoppel Certificate, Subordination, Non-Disturbance, and Attornment

Tenant agrees to execute an estoppel certificate within [Number] days of Landlord's request. This Lease shall be subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises. Landlord shall provide Tenant with a non-disturbance agreement from any mortgagee. Tenant agrees to attorn to any successor landlord.

16. Exclusive Use and Co-Tenancy (If Applicable)

Option A: Landlord grants Tenant the exclusive right to operate a [Type of Business] within the Shopping Center. Landlord shall not lease space to any other tenant whose primary business is the same as Tenant's.

Option B: This Lease is contingent upon [Anchor Tenant Name] continuing to operate in the Shopping Center. If [Anchor Tenant Name] ceases operations, Tenant shall have the right to terminate this Lease.

Co-tenancy requirements, if any, are detailed in Exhibit C. Continuous operation and hours of operation covenants are specified in Exhibit D.

17. Signage

Tenant shall have the right to install signage in accordance with the Shopping Center's signage criteria and applicable local ordinances. All signage must be approved by Landlord in writing prior to installation.

18. Notice

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above. Notice provisions comply with West Virginia law, including methods, addresses, and deemed delivery timing.

19. Miscellaneous

This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements.

This Lease may be executed in counterparts, each of which shall be deemed an original.

The failure of either party to enforce any provision of this Lease shall not be deemed a waiver of such provision.

Landlord's right to relocate tenant or terminate in case of condemnation or government order is reserved.

Landlord building rules, retail center operating guidelines, and state-mandated disclosure forms (e.g., lead-based paint, if applicable) are attached as Exhibits. This lease distinguishes between Landlord and Property Manager authority as follows: [Define authority].

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

Tenant:

[Tenant Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]

Guarantor (If Applicable):

[Guarantor Name]

[Guarantor Signature]

Exhibits:

* Exhibit A: Premises Plan

* Exhibit B: Signage Criteria and Restrictions

* Exhibit C: Co-Tenancy Requirements (If Applicable)

* Exhibit D: Hours of Operation (If Applicable)

* Exhibit E: Landlord Building Rules and Regulations

* Exhibit F: Lead-Based Paint Disclosure (If Applicable)