Wisconsin retail lease agreement template

Wisconsin Retail Lease Agreement

This Wisconsin Retail Lease Agreement (the "Agreement") is made and effective as of [Date], by and between [Landlord Name], residing at [Landlord Address] ("Landlord"), and [Tenant Name], residing at [Tenant Address] ("Tenant"). If either party is a business entity, include: organized under the laws of [State of Incorporation], with a registered agent [Registered Agent Name] at [Registered Agent Address].

Landlord Contact Information: [Landlord Phone Number], [Landlord Email]

Tenant Contact Information: [Tenant Phone Number], [Tenant Email]

Premises

Option A: The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the retail space located at [Property Address], in [County Name] County, Wisconsin, legally described as [Legal Description], and specifically identified as suite or unit number [Suite/Unit Number] (the "Premises"). The Premises contains approximately [Square Footage] square feet.

Option B: The Premises includes the area within the boundaries as indicated on Exhibit A, attached hereto, showing the outline of the Leased Premises.

Common Areas

Option A: The Tenant shall have the non-exclusive right to use the common areas and facilities of the building, including but not limited to parking areas, sidewalks, restrooms, and loading docks.

Option B: See attached Exhibit B for detailed description of common areas and shared facilities.

Exclusive Use

Option A: Tenant shall have exclusive use of the storefront, display windows, and signage areas as depicted on Exhibit C.

Option B: Tenant's exclusive use shall not extend to [Specific exclusion, e.g., shared hallway].

Permitted Use

Option A: The Premises shall be used solely for the retail sale of [Specific Product/Service Categories].

Option B: Tenant shall not use the Premises for any illegal or residential purpose, or any use that is incompatible with other retail businesses in the building.

Hours of Operation

Option A: Tenant shall operate its business during the hours of [Start Time] to [End Time], [Days of Week].

Option B: Tenant’s hours of operation shall comply with all applicable local ordinances.

Compliance

Option A: Tenant shall comply with all applicable Wisconsin state statutes (Wis. Stat. ch. 704), local zoning ordinances, health codes, and business operation permits.

Option B: If applicable, Tenant shall be responsible for obtaining and maintaining all necessary licenses for the sale of food and/or alcohol.

Subletting and Assignment

Option A: Tenant shall not sublet the Premises or assign this Lease without the prior written consent of the Landlord, which consent shall not be unreasonably withheld.

Option B: Any proposed sublease or assignment shall be subject to Landlord's review and approval of the proposed subtenant or assignee's financial condition and intended use of the Premises. Landlord will provide written approval or denial within [Number] days of receiving all required information.

Wisconsin Notices

Option A: All notices required under Wisconsin law shall be delivered as specified in the "Notices" section of this Agreement.

Option B: The parties acknowledge that certain statutory disclosures may be required under Wisconsin law, and such disclosures are attached as Exhibit D.

Lease Term

Option A: The term of this Lease shall commence on [Start Date] and expire on [End Date].

Option B: Tenant shall have the right to early occupancy/walk-through on [Date] for purposes of preparing the Premises for business.

Renewal Option

Option A: Tenant shall have the option to renew this Lease for an additional term of [Number] years, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the initial term.

Option B: The renewal rent shall be [Renewal Rent Amount/Formula]. The rent amount shall be determined [Number] days before the start of the renewal term.

Rent

Option A: The base rent shall be [Rent Amount] per month, payable in advance on the [Day] of each month.

Option B: Acceptable methods of payment include [List Acceptable Payment Methods].

Security Deposit

Option A: Tenant shall pay a security deposit of [Deposit Amount], which shall be held by Landlord in accordance with Wis. Admin. Code ATCP 134 and ch. 704.

Option B: The security deposit shall not accrue interest.

Rent Escalation

Option A: The base rent shall increase by [Percentage]% annually, commencing on the first anniversary of the Lease commencement date.

Option B: The base rent shall be subject to adjustment based on the [Index Name] (e.g., Consumer Price Index) according to the following formula: [Escalation Formula].

Rent Abatement

Option A: Tenant shall receive a rent-free period of [Number] months, commencing on [Start Date].

Option B: Tenant shall receive a rent abatement of [Dollar Amount] per month for the first [Number] months of the lease term.

Operating Expenses

Option A: Tenant shall pay [Percentage]% of all common area maintenance (CAM) expenses, property taxes, insurance, utilities, trash removal, snow removal, HVAC, water/sewer/stormwater.

Option B: Landlord shall provide Tenant with an annual operating expense statement by [Date]. Tenant shall have the right to audit Landlord's records related to operating expenses, with reasonable notice.

Utilities

Option A: Tenant shall be responsible for the direct payment of the following utilities: [List of Utilities].

Option B: Landlord shall provide [List of Utilities] with the cost included in the CAM charges.

Maintenance and Repair

Option A: Tenant shall be responsible for maintaining the interior of the Premises, including fixtures and sales areas, and for complying with insurance requirements.

Option B: Landlord shall be responsible for maintaining the structure, roof, exterior, foundational elements, and mechanical systems of the building. Landlord is responsible for snow removal of common areas.

Winterization

Option A: Tenant shall take necessary steps to winterize the Premises to prevent damage from freezing temperatures.

Option B: Landlord shall be responsible for winterizing the Premises to prevent damage from freezing temperatures.

Pest Control

Option A: Tenant will be responsible for pest control within the Premises

Option B: Landlord will be responsible for general pest control across the retail property.

Tenant Improvements

Option A: Landlord shall provide a tenant improvement allowance of [Dollar Amount].

Option B: All tenant improvements shall be subject to Landlord's prior written approval and shall comply with all applicable building codes and permit requirements. Tenant is responsible for obtaining necessary permits.

Restoration

Option A: At the expiration of the Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.

Option B: Tenant shall remove all personal property and trade fixtures and patch any holes in the walls.

Mechanic’s Liens

Option A: Tenant is responsible for all payments made to contractors working on Tenant Improvements.

Option B: Landlord must provide a notice of non-responsibility within [Number] days of being made aware of tenant improvements to prevent mechanic’s liens from being filed against the property.

Alterations and Signage

Option A: Tenant shall not make any alterations to the Premises without the prior written consent of the Landlord.

Option B: Tenant shall have the right to install signage on [Signage Location], subject to Landlord's approval of the design and compliance with local signage ordinances. Landlord to be notified of installation [Number] days prior.

ADA Compliance

Option A: Tenant is responsible for all ADA compliance for their business operations within the Premises.

Option B: Landlord will work together with the Tenant to comply with ADA requirements.

Exclusive Use Clause

Option A: Landlord shall not lease any other space in the building to a business that directly competes with Tenant's business, defined as [Specific Description of Competitive Business].

Option B: The radius of this exclusive use clause shall be [Distance].

Parking

Option A: Tenant shall have the right to use [Number] parking spaces for its employees and customers.

Option B: Landlord shall be responsible for snow removal in the parking areas. Tenant shall be responsible for keeping cart corrals clear.

Security

Option A: Tenant shall be responsible for maintaining a security alarm system for the Premises.

Option B: Landlord shall be responsible for providing security for the common areas of the building.

Access

Option A: Tenant shall have access to the Premises [Days] a week, [Hours] each day.

Option B: Landlord shall provide Tenant with keys and/or access codes to the Premises.

Landlord's Right of Entry

Option A: Landlord shall have the right to enter the Premises for inspection or emergency purposes, with reasonable notice, except in cases of emergency.

Option B: Landlord shall provide Tenant with at least [Number] hours' notice prior to entering the Premises, except in cases of emergency.

Showing Space

Option A: Landlord can show the space to prospective tenants within [Number] months of the end of the lease.

Option B: Landlord will provide [Number] days’ notice before showing the space to prospective tenants or buyers.

Insurance

Option A: Tenant shall maintain property insurance, commercial liability insurance, and business interruption insurance, with Landlord named as an additional insured.

Option B: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage. Coverage amounts will be [Dollar Amount].

Indemnification

Option A: Tenant shall indemnify and hold Landlord harmless from any and all claims, losses, or damages arising out of Tenant's use of the Premises.

Option B: Landlord shall not be liable for any damages to Tenant's personal property.

Licenses and Permits

Option A: Tenant shall be responsible for obtaining all necessary retail operation licenses, tax permits, and state/local compliance, including sales tax collection and remittance.

Option B: Tenant shall not engage in any illegal trade practices on the Premises.

Casualty and Force Majeure

Option A: In the event of a fire or other casualty, Landlord shall repair or rebuild the Premises, unless the damage is so extensive as to render the Premises untenantable.

Option B: If the Premises is rendered untenantable, Tenant shall have the right to terminate this Lease.

Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to events beyond its reasonable control, including but not limited to acts of God, war, or government regulation.

Option B: Notice of force majeure must be provided to the other party within [Number] days.

Condemnation

Option A: If the Premises is taken by condemnation, this Lease shall terminate.

Option B: Tenant shall be entitled to compensation for its leasehold interest and any improvements made to the Premises.

Default

Option A: If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall have the right to terminate the Lease and retake possession of the Premises.

Option B: Landlord shall provide Tenant with written notice of default and a [Number]-day period to cure the default, as required by Wisconsin statutes.

Landlord's Remedies

Option A: Upon termination of the Lease due to Tenant's default, Landlord shall have the right to recover damages, including unpaid rent and the costs of re-letting the Premises.

Option B: Landlord shall have the right to accelerate rent due for the remainder of the lease term.

Tenant's Remedies

Option A: If the Landlord defaults on the lease, the Tenant will be entitled to seek damages including lost profits.

Option B: Tenant shall have the right to terminate the Lease if the Landlord's default continues for [Number] days after receiving written notice.

Surrender of Premises

Option A: Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as received, reasonable wear and tear excepted.

Option B: Tenant shall remove all personal property and trade fixtures from the Premises, clean the Premises, and dispose of any hazardous or unsold inventory.

Hold-Over

Option A: If Tenant remains in possession of the Premises after the expiration of the Lease, Tenant shall be deemed a tenant at will, subject to the terms and conditions of this Lease.

Option B: The rent for the hold-over period shall be [Holdover Rent Amount/Formula].

Security Deposit Return

Option A: Landlord shall return the security deposit to Tenant within [Number] days after termination of the Lease, less any deductions for damages or unpaid rent, in accordance with Wisconsin law.

Option B: Landlord shall provide Tenant with an itemized statement of any deductions from the security deposit.

Dispute Resolution

Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation, and then, if necessary, through non-jury court in [County Name] County, Wisconsin.

Option B: This Lease shall be governed by and construed in accordance with the laws of the State of Wisconsin.

Attorney's Fees

Option A: The prevailing party in any legal action relating to this Lease shall be entitled to recover its reasonable attorney's fees and collection costs.

Option B: If the parties must use a collection agency to seek payment, the fees for the agency will be split evenly.

Environmental Compliance

Option A: Tenant shall comply with all applicable environmental laws and regulations regarding the handling of hazardous materials on the Premises.

Option B: Landlord is responsible for any pre-existing hazardous material issues at the retail property.

Notices

Option A: All notices required or permitted under this Lease shall be in writing and shall be deemed delivered when personally served or sent by certified mail, return receipt requested, to the addresses set forth above.

Option B: Electronic notices shall be deemed sufficient if delivered to the email addresses provided above, provided that confirmation of receipt is obtained.

Notice Timing

Option A: Notices must be delivered during business hours in order to be considered received that day.

Option B: Notices must be sent within [Number] days of the intended action.

Attachments

Exhibit A: [Premises Diagram]

Exhibit B: [Common Areas Description]

Exhibit C: [Signage Details]

Exhibit D: [Wisconsin Statutory Disclosures]

Exhibit E: [Rules and Regulations for Retail Center]

Broker Commission

Option A: Landlord shall pay a commission to [Broker Name] in accordance with a separate agreement.

Option B: No broker was involved in this lease transaction.

Entire Agreement

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

Option B: No modification or amendment to this Lease shall be valid unless in writing and signed by both parties.

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

____________________________

[Landlord Name]

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[Tenant Name]