New Hampshire Commercial Rental Agreement Form
The New Hampshire Commercial Rental Agreement is a form that can be used for allowing a landlord to let an entity or person to lend their commercial property in return for a monthly payment.
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Page 1 of 12 A r t.No. 19601 Initials: This commercial lease agreement, dated , is bet ween and Landlord The landlord and/or agent(s) is/are referred to in this lease agreement as “Landlord.” Tenant The tenant(s) is/are referred to in this lease as “Tenant.” The par ties agree as follows: §1 Rental Property The Landlord agrees to rent to the Tenant the proper t y described as a located at , which is referred to in this lease agree- ment as the “Leased Premises.” §2 Legal Description The legal description for the Leased Premises is Comme RCia L Lease a gReemen T Page 2 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §3 Term of Lease 3.1 The term of the lease is a periodic tenanc y commencing at 12:00 noon on and continu- ing on a basis until the Landlord or the Tenant terminates the tenanc y. 3.2 Upon notice, the Landlord may terminate the tenanc y under this lease if the Tenant has defaulted in the payment of any por tion of the rent when due. 3.3 Upon notice, the Landlord may terminate the tenanc y under this lease if the Tenant fails to obser ve, per form and keep each and ever y of the covenants, agreements, stipulations, obliga- tions, conditions and other provisions of this lease to be obser ved, per formed and kept by the Tenant and the Tenant persists in such default beyond the said notice. 3.4 Upon notice, the Landlord may terminate the tenanc y under this lease without cause or reason. 3.5 Upon notice, the Tenant may terminate the tenanc y under this lease without cause or reason. §4 a mount of Rent The amount of the rent is $ , to be paid . The total lease payment is $ . §5 Form of Payment Payment of the rent will only be made by personal check , unless modified through provision below. §6 Date Rent is Due The rent is due on or before the day of each month. This is the day by which the Landlord must have received the Tenant’s rent payment. §7 Late Fee 7.1 If rent or any other charges are not received by the Landlord within days af ter the rent due date, the Tenant must pay a late fee of $ in addition to the rent. 7.2 Payments received by the Landlord when there are arrears, will be credited first to any outstanding balance, and then applied to the current amount due. Page 3 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §8 Returned Payments for i nsufficient Funds A returned payment fee of $ will be added for all returned payments. If there are more than t wo instances of returned payments, the Tenant agrees that the Landlord may require all future pay - ments to be made only by cer tified check , money order, or cash. §9 Condition of Property The Tenant acknowledges that the Tenant has inspected the Leased Premises, and that at the commencement of this lease agreement, the interior and the ex terior of the Leased Premises, as well as all equipment and any appliances, were found to be in an acceptable condition and in good working order. The Tenant concedes that the Landlord has not made any promises regarding the condition of the Leased Premises. The Tenant agrees to return the Leased Premises to the Landlord at the end of the lease agreement in the same condition it was at the beginning of the lease agreement. §10 Possession 10.1 The Tenant is entitled to possession on the first day of the term of this lease, and will yield possession to the Landlord on the last day of the term of this lease, unless other wise agreed to by both par ties in writing. 10.2 The Landlord will use its best ef for ts to give the Tenant possession as near to the beginning of the lease term as possible. If the Landlord is unable to timely provide the Leased Premises, rent will abate for the period of delay. The Tenant makes no other claim against the Landlord for any such delay. At the expiration of the term, the Tenant will remove their goods and ef fects and peaceably yield the Leased Premises to the Landlord in as good a condition as when delivered to the Tenant, ordinar y wear and tear excepted. §11 Quiet Possession The Landlord covenants and warrants that upon per formance by the Tenant of its obligations hereunder, the Landlord will keep the Tenant in exclusive, quiet, peaceable, undisturbed and uninterrupted possession of the Leased Premises during the term of this lease. §12 Default 12.1 If default is made in any of the covenants or conditions to be kept, obser ved and per formed by the Tenant, and such default continues for 30 days af ter notice thereof in writing to the Tenant by the Landlord without correction thereof and having been commenced and thereaf ter diligently executed, the Landlord may declare the term of this lease ended and terminated by giving the Tenant writ ten notice of such intention. If possession of the Leased Premises is not surrendered, the Landlord may reenter the said Leased Premises. The Landlord has, in addition to the remedy provided above, any other right or remedy available to the Landlord on account of any Tenant default, either in law or equit y. The Landlord will use reasonable ef for ts to mitigate its damages. 12.2 The Tenant understands and agrees that if the Tenant files a petition of bankruptc y, it will not release the Tenant from the fulfillment of the terms and conditions of the lease agreement. Page 4 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §13 security Deposit At the time of signing this lease agreement, the Tenant will give the Landlord a securit y deposit of $ . The securit y deposit will be held by the Landlord without liabilit y for interest, and as securit y for the per - formance by the Tenant of the Tenant‘s covenants and obligations under this lease, it being expressly un - derstood that the securit y deposit will not be considered an advance payment of rental or a measure of the Landlord‘s damages in case of default by the Tenant. Unless other wise provided by mandator y non-waivable law or regulation, the Landlord may commingle the securit y deposit with the Landlord‘s other funds. The Landlord may, from time to time, without prejudice to any other remedy, use the securit y deposit to the ex tent necessar y to make good any arrearages of rent, or to satisf y any other covenant or obligation of the Tenant hereunder. Following any such application of the securit y deposit, the Tenant will pay to the Landlord on demand the amount so applied in order to restore the securit y deposit to its original amount. If the Tenant is not in default at the termination of this lease, the Landlord will return the balance of the securit y deposit remaining af ter any such application to the Tenant. If the Landlord transfers its interest in the Leased Pre - mises during the term of this lease, the Landlord may assign the securit y deposit to the transferee and af ter that will have no fur ther liabilit y for the return of the securit y deposit. §14 s ublease and a ssignment The Tenant has the right, without the Landlord‘s consent, to assign this lease to a corporation with which the Tenant may merge or consolidate, to any subsidiar y of the Tenant, to any corporation under common control with the Tenant, or to a purchaser of substantially all of the Tenant‘s assets. except as is set for th above, the Tenant will not sublease all or any par t of the Leased Premises, or assign this lease in whole or in par t without the Landlord‘s consent, such consent not to be unreasonably withheld or delayed. §15 m aintenance 15.1 The Landlord‘s obligations for maintenance include: - the roof, outside walls, and other structural par ts of the building - the parking lot, driveways, and sidewalk s including snow and ice removal - the sewer, water pipes, and other mat ters related to plumbing - the electrical wiring - the air conditioning system - all other items of maintenance not specifically delegated to the Tenant under this lease. 15.2 The Tenant‘s obligations for maintenance include: Page 5 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §16 Utilities and s ervices The Tenant is responsible for all utilities and ser vices incurred in connection with the Leased Premises. §17 alterations and i mprovements The Tenant, at the Tenant‘s expense, has the right following the Landlord‘s consent to remodel, redecorate, and make additions, improvements, or replacements to all or any par t of the Leased Premises from time to time as the Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good qualit y materials. The Tenant has the right to place and install personal proper t y, trade fix tures, equipment and other temporar y installations in and upon the Leased Premises, and fasten the same to the Leased Premises. All personal proper t y, equipment, machiner y, trade fix tures and temporar y installations, whether acquired by the Tenant at the commencement of the lease term or placed or installed on the Leased Premises by the Tenant thereaf ter, will remain the Tenant‘s proper t y free and clear of any claim by the Landlord. The Tenant has the right to remove the same at any time during the term of this lease, provided that all damage to the Leased Premises caused by such removal is repaired by the Tenant at the Tenant‘s expense. §18 Property Taxes The Landlord will pay, prior to delinquenc y, all general real estate taxes and installments of special assessments due during the lease term on the Leased Premises, and all personal proper t y taxes with respect to the Landlord‘s personal proper t y, if any, on the Leased Premises. The Tenant is responsible for paying all personal proper t y taxes with respect to the Tenant‘s personal proper t y at the Leased Premises. §19 Property i nsurance 19.1 The Landlord and Tenant will each maintain appropriate insurance for their respective interests in the Leased Pre- mises and proper t y located on the Leased Premises. The Landlord will be named as an additional insured in such policies. The Tenant will deliver appropriate evidence to the Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactor y to the Landlord. The Landlord will receive advance writ- ten notice from the insurer prior to any termination of such insurance policies. The Tenant will also maintain any other insurance that the Landlord may reasonably require for the protection of the Landlord‘s interest in the Leased Premises. The Tenant is responsible for maintaining casualt y insurance on its own proper t y. 19.2 If the Leased Premises or any other par t y of the building is damaged by fire or other casualt y resulting from any act or negligence of the Tenant or any of the Tenant‘s agents, employees or invitees; rent is not to be diminished or abated while such damages are under repair, and the Tenant will be responsible for the costs of repair not covered by insurance. §20 Liability i nsurance The Tenant will maintain liabilit y insurance on the Leased Premises in a total aggregate sum of at least $ . The Tenant will deliver appropriate evidence to the Landlord as proof that ade- quate insurance is in force issued by companies reasonably satisfactor y to the Landlord. The Landlord will receive advance writ ten notice from the insurer prior to any termination of such insurance policies. Page 6 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §21 signs Following the Landlord‘s consent, the Tenant has the right to place on the Leased Premises, at locations selected by the Tenant, any signs which are permit ted by applicable zoning ordinances and private restrictions. The Landlord may refuse consent to any proposed signage that is in the Landlord‘s opinion too large, deceptive, unat tractive, or other wise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. The Landlord will assist and cooperate with the Tenant in obtaining any necessar y permission from governmental authorities or adjoining owners and occupants for the Tenant to place or construct the fore - going signs. The Tenant will repair all damage to the Leased Premises resulting from the removal of signs installed by the Tenant. §22 Landlord’s Right of e ntry 22.1 The Landlord, with 24 hours writ ten notice, has the right during the term of this lease agreement to enter during reasonable hours to inspect the Leased Premises, make repairs or improvements, or to show prospective bu - yers and/or tenants the proper t y. A s provided by law, in the event of an emergenc y, the Landlord reser ves the right to enter the Leased Premises without notice. It is required that the Landlord have a working set of keys and/or securit y codes to gain access to the Leased Premises. Therefore, the Tenant will not change lock s, install additional lock s, bolts, or securit y systems without the writ ten consent of the Landlord. Unauthorized installation or changing of any lock s will be replaced at the Tenant’s expense. The Tenant is responsible for any and all damages that may occur as a result of forcible entr y during an emergenc y where there was an unauthorized placement of a lock . 22.2 During the last three months of this lease, or any ex tension of this lease, the Landlord is allowed to display the usual “For Rent“ signs and show the Leased Premises to prospective tenants. §23 Parking The Tenant is entitled to use parking space(s) for the parking of the Tenant‘s customers‘/guests‘ motor vehicle(s). §24 Damage, Destruction and Condemnation 24.1 If the Leased Premises are damaged or destroyed by fire or other casualt y to the ex tent that enjoyment of the dwel - ling unit is substantially impaired, the Landlord in its sole discretion may elect to repair the Leased Premises or terminate the lease upon 30 days writ ten notice to the Tenant. If the Leased Premises are condemned or cannot reasonably be repaired, this lease will terminate upon 20 days writ ten notice by either par t y. The Tenant will give the Landlord immediate notice of any damage to the Leased Premises. 24.2 If any legally constituted authorit y condemns the building or such par t thereof which makes the Leased Premises unsuitable for leasing, this lease will cease when the public authorit y takes possession, and the Landlord and Tenant will account for rent as of that date. such termination will be without prejudice to the rights of either par t y to recover compensation from the condemning authorit y for any loss or damage caused by the condem - nation. Neither par t y has any rights in or to any award made to the other by the condemning authorit y. Page 7 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §25 notice Any notice required by the terms of this lease will be in writing. Notices sent to the Landlord will be sent to: Notices sent to the Tenant will be sent to: Notice may be given by either par t y to the other in any manner provided for by law, or in any of the following: regular mail, personal deliver y, or email. §26 Brokers The Tenant af firms that the Tenant was not shown the Leased Premises by any real estate broker or agent, and that the Tenant has not other wise engaged in any activit y which could form the basis for a claim of real estate commission, brokerage fee, finder‘s fee or other similar charge in connection with this lease. §27 Rules and Regulations The Tenant will comply with the rules of the building adopted and altered by the Landlord from time to time, and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules will be sent by the Landlord to the Tenant in writing. The initial rules for the building are at tached hereto as “ exhibit A” and incorporated herein for all purposes. §28 s ecurity n ot Promised The Tenant has inspected and acknowledges that all door and window lock s, fire ex tinguishers, securit y alarm sy- stems and/or carbon monoxide detectors are in sound working order. The Tenant fur ther understands and acknowledges that, although the Landlord makes ever y ef for t to make the Leased Premises safe and secure, this in no way creates a promise of securit y. §29 abandonment If the Tenant vacates the Leased Premises before the end of the lease term without writ ten permission from the Landlord, the Leased Premises is then considered to be abandoned and the Tenant is in default of this lease agreement. Under these circumstances, the Tenant may be responsible for damages and losses allowed by Page 8 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: state, federal and local regulations. §30 Joint and s everal Liability The Tenant understands and agrees that if there is more than one Tenant that has signed the lease agreement, each Tenant is individually and completely responsible for all obligations under the terms of the lease agreement. §31 mechanics’ Liens Neither the Tenant, nor anyone claiming through the Tenant, has the right to file mechanics’ liens or any other kind of lien on the Leased Premises, and the filing of this lease constitutes notice that such liens are invalid. Fur ther, the Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or ser vices that such liens will not be valid, and (2) take whatever additional steps necessar y in order to keep the Tenant Premises free of all liens resulting from construction done by or for the Tenant. §32 arbitration Any controversy or claim relating to this contract, including the construction or application of this contract, will be set tled by binding arbitration under the rules of the American Arbitration A ssociation, and any judgment granted by the arbitrator(s) may be enforced in any cour t of proper jurisdiction. §33 misrepresentation If any information provided by the Tenant in application for this lease is found to be knowingly incorrect, untruthful and/or misleading, it is a breach of the lease. §34 storage The Tenant is entitled to store items of personal proper t y in during the term of this lease. The Landlord is not liable for loss of, or damage to, such stored items. §35 Keys The Tenant will be given key(s) to the Leased Premises and mailbox key(s). If all keys are not returned to the Landlord following termination of the lease, the Tenant will be charged $ . §36 Lockout Fees If the Tenant becomes locked out of the Leased Premises, the Tenant will be charged $ to regain entr y. Page 9 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §37 Termination upon s ale of Premises Not withstanding any other provision of this lease, the Landlord may terminate this lease upon 60 days writ ten notice to the Tenant that the Leased Premises have been sold. §38 Habitability The Tenant has inspected the Leased Premises and fix tures (or has had the Leased Premises inspected on behalf of the Tenant ), and acknowledges that the Leased Premises are in a reasonable and acceptable condition of habitabilit y for their intended use, and the agreed lease payments are fair and reasonable. If the condition changes so that, in the Tenant‘s opinion, the habitabilit y and rental value of the Leased Premises are adver- sely af fected, the Tenant will promptly provide reasonable notice to the Landlord. §39 Holdover If the Tenant maintains possession of the Leased Premises for any period af ter the termination of this lease (referred to as „holdover period“), the Tenant will pay the Landlord lease payment(s) during the holdover period at a rate equal to % of the most recent rate preceding the holdover period (if less, the maximum amount allowed by law). such holdover will constitute a month-to-month ex ten- sion of this lease. §40 Remodeling or s tructural improvements The Tenant is allowed to conduct any construction or remodeling (at the Tenant‘s expense) only with the prior writ- ten consent of the Landlord. At the end of the lease term, the Tenant is entitled to remove (or will remove at the Landlord’s request ) such fix tures, and will restore the Leased Premises to substantially the same condition of the Leased Premises at the commencement of this lease. §41 indemnity Regarding Use of Premises To the ex tent permit ted by law, the Tenant agrees to indemnif y, hold harmless, and defend the Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable at torney fees, if any, which the Landlord may suf fer or incur in connection with the Tenant‘s possession, use or misuse of the Leased Premises, except the Landlord‘s act or negligence. §42 Dangerous m aterials The Tenant will not keep or have on the Leased Premises any ar ticle or thing of a dangerous, flammable, or explo- sive character that might substantially increase the danger of fire on the Leased Premises, or that might be considered hazardous by a responsible insurance company, unless the prior writ ten consent of the Landlord is obtained and proof of adequate insurance protection is provided by the Tenant to the Landlord. Page 10 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §43 governing Law The law under which this agreement will be governed, construed and interpreted will be those of the state of . §4 4 Headings The headings used in this lease are for convenience of the par ties only and should not be considered in interpreting the meaning of any provision of this lease. §45 successors The provisions of this lease ex tend to and are binding upon the Landlord and Tenant and their respective legal re- presentatives, successors and assigns. §46 subordination 46.1 The Tenant accepts this lease subject and subordinate to any mor tgage, deed of trust, or other lien presently exi- sting or hereaf ter arising upon the Leased Premises, or upon the building, and to any renewals, refinancing and ex tensions thereof, but the Tenant agrees that any such mor tgagee has the right at any time to subordi- nate such mor tgage, deed of trust, or other lien to this lease on such terms and subject to such conditions as such mor tgagee may deem appropriate in its discretion. The Landlord is hereby irrevocably vested with full power and authorit y to subordinate this lease to any mor tgage, deed of trust, or other lien now existing or hereaf ter placed upon the Leased Premises of the Building, and the Tenant agrees upon demand to execute such fur ther instruments subordinating this lease or at torning to the holder of any such liens as the Landlord may request. In the event that the Tenant should fail to execute any instrument of subordination herein required to be executed by the Tenant promptly as requested, the Tenant hereby irrevocably constitutes the Landlord as its at torney-in-fact to execute such instrument in the Tenant‘s name, place and stead, it being agreed that such power is one coupled with an interest. 46.2 The Tenant agrees that it will from time to time upon request by the Landlord execute and convey to persons such as the Landlord requests a statement in recordable form cer tif ying that this lease is unmodified and in full force and ef fect (or if there have been modifications, that the same is in full force and ef fect as so modified), stating the dates to which rent and other charges payable under this lease have been paid, stating that the Landlord is not in default hereunder (or if the Tenant alleges a default stating the nature of such alleged default ), and fur ther stating such other mat ters as the Landlord reasonably requires. §47 Waiver No waiver of any default of the Landlord or Tenant hereunder is implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver af fects any default other than the default specified in the express waiver, and only for the time and to the ex tent therein stated. One or more waivers by the Landlord or Tenant should not be construed as a waiver of a subsequent breach of the same covenant, term, or condition. Page 11 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Initials: §48 Waiver of n otice The Tenant waives the right to receive a notice of default from the Landlord unless such notice is required by state or local regulations. §49 Compliance with Law and Regulations The Tenant will comply with all laws, orders, ordinances and other public requirements now or hereaf ter per taining to the Tenant‘s use of the Leased Premises. The Landlord will comply with all laws, orders, ordinances and other public requirements now or hereaf ter af fecting the Leased Premises. §50 Cumulative Rights The rights of the par ties under this lease are cumulative, and will not be construed as exclusive unless other wise required by law. §51 severability If any par t of this lease agreement is not valid, enforceable, binding or legal, it will not cancel or void the rest of this lease agreement. The remainder of the lease agreement will continue to be valid and enforceable by the Landlord to the maximum ex tent of the laws and regulations set for th by local, state and federal govern - ments. §52 Final and e ntire agreement 52.1 This Agreement terminates and supersedes all prior understandings or agreements on the subject mat ter hereof. This Agreement may be modified only by a fur ther writing that is duly executed by both par ties. 52.2 By signing this lease agreement, the Tenant cer tifies that they have read, understood and agree to comply with all of the terms, conditions, rules and regulations of this lease agreement, including any addendums, and that they have received the following: 1. Copies of all addendums, rules and regulations, special terms and conditions, and applications. 2. All necessar y key(s), securit y card(s), and/or auto stickers to the Leased Premises. Page 12 of 12 Commercial Lease agreement with Periodic Tenanc y A r t.No. 19601 Tenant’s signature: Landlord’s s ignature:
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