West Virginia warehouse lease agreement template

West Virginia Warehouse Lease Agreement

This West Virginia Warehouse Lease Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant").

Landlord and Tenant agree as follows:

1. Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the warehouse premises (the "Premises") located at [Property Address], legally described as [Legal Description].

The Premises consist of approximately [Square Footage] square feet.

The Premises include the following:

• Loading Docks: [Number]
• Loading Bays: [Number]
• Ceiling Height: [Height] feet
• Clear Span: [Clear Span Dimension] feet
• Floor Load Capacity: [Floor Load Capacity] pounds per square foot
• Sprinkler/Fire Suppression System: [Sprinkler System Description]
• HVAC and Ventilation: [HVAC Description]
• Overhead Doors: [Number] doors of [Door Type] type
• Trailer/Vehicle Parking: [Parking Description]
• Fencing/Security: [Security Description]
• Office/Specialized Space: [Office Space Description]

2. Use of Premises

Option A: Permitted Use

The Premises shall be used solely for warehouse purposes, including storage, distribution, and inventory handling.

Option B: Restricted Use

The Premises shall be used solely for warehouse purposes, including storage, distribution, inventory handling, and light manufacturing.

Tenant shall comply with all applicable West Virginia and local zoning, environmental, and fire code regulations, including City/County codes and Department of Environmental Protection (WVDEP) rules.

Hazardous Material:

The storage of hazardous materials is strictly prohibited without the Landlord's express written consent. Any such approved storage shall comply with all applicable federal, state, and local laws and regulations.

3. Term

The term of this Lease shall commence on [Start Date] and shall end on [End Date].

Option A: Renewal

Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] days prior to the expiration of the initial term or any renewal term.

Option B: No Renewal

This lease shall automatically terminate on the end date specified in the main term clause.

Early Termination:

Conditions for early termination are [Early Termination Conditions]. Notice periods for early termination are [Number] days.

4. Rent and Security Deposit

Base Rent: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on [Start Date].

Security Deposit:

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount].

The security deposit shall be held in accordance with West Virginia law and shall be returned to Tenant within [Number] days after the termination of this Lease, less any deductions for damages or unpaid rent.

Escalation:

Option A: CPI Increase

The base rent shall increase annually based on the Consumer Price Index (CPI) increase, as published by the U.S. Department of Labor, Bureau of Labor Statistics.

Option B: Fixed Increase

The base rent shall increase by [Percentage]% annually.

Option C: Step-Up

The base rent shall increase to [Dollar Amount] on [Date].

Late Charges: A late charge of [Dollar Amount] or [Percentage]% (whichever is greater) shall be assessed for any rent payment received more than [Number] days after the due date, consistent with West Virginia usury limits.

Returned Check Penalty: A returned check penalty of [Dollar Amount] shall be assessed for any check returned for insufficient funds.

5. Property Taxes and Utilities

Option A: Landlord Pays Taxes

Landlord shall be responsible for the payment of all real property taxes assessed against the Premises.

Option B: Tenant Pays Taxes (Triple Net Lease)

Tenant shall be responsible for the payment of all real property taxes assessed against the Premises.

Utilities:

• Electric: [Who Pays - Landlord or Tenant]
• Water/Sewer: [Who Pays - Landlord or Tenant]
• Heating: [Who Pays - Landlord or Tenant]
• Waste Removal: [Who Pays - Landlord or Tenant]

6. Maintenance and Repairs

Landlord Responsibilities: Landlord shall be responsible for the maintenance and repair of the following:

• Structural elements of the building, including the roof, foundation, and exterior walls, consistent with West Virginia legal definitions of structural elements.
• Loading docks (major repairs).
• Mechanical systems (major repairs).

Tenant Responsibilities: Tenant shall be responsible for the maintenance and repair of the following:

• Non-structural elements of the building.
• Racking/shelving systems (if included).
• Loading docks (minor repairs).
• Mechanical systems (minor repairs).

Tenant shall report any necessary repairs to the Landlord promptly.

Landlord shall have the right to enter the Premises to inspect and make necessary repairs, with reasonable notice to Tenant as permitted by West Virginia law.

7. Tenant Improvements

Any tenant improvements, build-outs, or utility modifications shall require Landlord's prior written consent.

Tenant shall obtain all necessary permits and comply with all applicable local building codes.

Option A: Restoration

Upon the termination of this Lease, Tenant shall restore the Premises to its original condition, at Tenant's expense.

Option B: No Restoration

Upon the termination of this Lease, any improvements will remain on the property.

Tenant shall comply with West Virginia-specific mechanic’s lien protections and notice requirements.

8. Condition of Premises

The Premises are delivered in "as-is" condition.

The parties shall conduct a move-in inspection and create a deficiency punch list, which shall be attached to this Lease.

Pest/Rodent Control: Tenant shall be responsible for pest and rodent control, in compliance with West Virginia Health Department mandates.

9. Use and Storage

The use and storage of pallets, racks, forklifts, hazardous or temperature-sensitive goods shall require the Landlord's prior written approval.

Tenant shall maintain adequate insurance coverage for any such approved storage.

10. Insurance

Tenant shall maintain the following insurance coverage:

• General Liability: [Dollar Amount]
• Property: [Dollar Amount]
• Casualty: [Dollar Amount]
• Product Liability: [Dollar Amount] (If applicable)
• Pollution Legal Liability: [Dollar Amount] (If applicable)

Landlord shall be named as an additional insured on Tenant's general liability insurance policy.

Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

The parties agree to waive subrogation against each other.

11. Fire Safety

Tenant shall comply with all applicable fire safety regulations, including maintaining clear egress pathways, sprinkler maintenance, and compliance with local fire marshal inspections.

Tenant shall develop and implement an emergency evacuation plan meeting state and local standards.

12. Signage

Any signage shall comply with local sign ordinances and require Landlord's prior written approval.

13. Subletting and Assignment

Tenant shall not sublet the Premises or assign this Lease without Landlord's prior written consent, subject to state restrictions.

14. Security

Tenant is responsible for inventory security, alarm systems, video surveillance policies.

Restricted area access is outlined as: [Restricted Access Detail].

15. Default and Remedies

Events of Default: The following shall constitute events of default under this Lease:

• Failure to pay rent when due.
• Failure to comply with any other term or condition of this Lease.
• Insolvency or bankruptcy of Tenant.

Remedies: Upon the occurrence of an event of default, Landlord shall have the following remedies, in addition to any other remedies available under West Virginia law:

• Termination of this Lease.
• Re-entry and repossession of the Premises, consistent with statutory requirements for West Virginia commercial lease defaults and unlawful detainer actions.
• Recovery of all damages, including unpaid rent and the cost of reletting the Premises.
• Tenant’s continuing liability for rent post-eviction.

Cure Period: Tenant shall have [Number] days to cure any default after receiving written notice from Landlord.

16. Surrender of Premises

Upon the termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, removing all inventory and fixtures.

Abandoned Property: Any property left on the Premises after the termination of this Lease shall be deemed abandoned and disposed of in accordance with West Virginia law.

Final Walk-Through: The parties shall conduct a final walk-through to assess the condition of the Premises.

Security Deposit Disposition: Landlord shall return the security deposit (less any deductions) to Tenant within [Number] days after the termination of this Lease, along with an itemized statement of any deductions, as required by state code.

17. Indemnification

Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, losses, and expenses arising out of Tenant's use of the Premises, including environmental indemnity and allocation of liability for hazardous spills or regulatory violations, in line with WVDEP protocols.

18. Accessibility

Tenant shall comply with the ADA (Americans with Disabilities Act), West Virginia Human Rights Act, and other local accessibility rules as applicable to warehouse configuration.

19. Legal Compliance

Tenant shall be responsible for obtaining all necessary business licenses, state tax registrations, and complying with the West Virginia Business & Occupation tax and any local business privilege or inventory taxes impacting use of Premises.

20. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, optional mediation, and arbitration or court jurisdiction in the appropriate West Virginia county, with the agreement expressly governed by West Virginia law.

21. 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, sent by certified mail, return receipt requested, or by a nationally recognized overnight courier service, addressed as follows:

If to Landlord: [Landlord Name], [Landlord Address]

If to Tenant: [Tenant Name], [Tenant Address]

Emergency Contact Representatives:

Landlord: [Landlord Contact Name], [Landlord Contact Phone]

Tenant: [Tenant Contact Name], [Tenant Contact Phone]

22. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

23. Amendment

This Agreement may be amended only by a writing signed by both parties.

24. Governing Law

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

25. Warehousing Standards Compliance

Tenant shall comply with any applicable federal or state regulatory/industry standards specific to warehousing, such as OSHA requirements, food storage or pharma warehousing protocols, transportation/trucking access rules, or state environmental storage regulations where relevant.

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

[Landlord Name]

By: [Landlord Authorized Representative Name]

Title: [Landlord Title]

[Tenant Name]

By: [Tenant Authorized Representative Name]

Title: [Tenant Title]