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Industrial and Warehouse Leasing Toolkit (National and Select States)
Practical Law Toolkit w-032-7150 (Approx. 18 pages)
Industrial and Warehouse Leasing Toolkit (National and Select States)
by Practical Law Real Estate
| Maintained • ExpandCalifornia, Florida, Illinois...Massachusetts, New Jersey, New York, Pennsylvania, Texas, USA (National/Federal) |
Resources to assist both landlords and tenants in effectively negotiating, drafting, and amending industrial and warehouse leases. This Toolkit includes links to Practice Notes and commonly used Standard Document and Standard Clause forms. These resources provide analyses of common industrial and warehouse leasing concerns.
This Industrial and Warehouse Leasing Toolkit provides links to resources designed to assist counsel to landlords and tenants entering into an industrial/warehouse lease. These resources help parties to:
- Agree on business terms.
- Negotiate the lease, including:
- allocating risks;
- allocating costs; and
- obtaining appropriate protections.
- Manage their long-term business relationship, including responding to changed circumstances.
An industrial lease is typically a lease for all or part of a building for warehouse, distribution, or light manufacturing uses. Many industrial leases also provide a portion of the leased space for office use and may be referred to as office/warehouse leases.
Industrial leases generally involve the same considerations as other commercial leases. However, industrial leases can differ from other commercial leases in some respects, such as:
- The lease terms are typically longer.
- The leases are often triple net leases.
- The premises may need substantial construction to meet the tenant's specific needs.
- There is often increased wear and tear on the premises due to the tenant's use.
- The tenant's use may create an environmental hazard.
- If the tenant is leasing an entire building or more than one building, the landlord often:
- is not involved in the daily operation of the property; and
- shifts its risk to the tenant by allowing the tenant to act as the sole proprietor of the property.
- The tenant's use of the premises may materially impact the owners and tenants of neighboring properties because of the tenant's:
- constant, heavy traffic; or
- use, handling, storage, or manufacturing of hazardous materials.
This Toolkit contains links to continuously maintained Practice Notes, Standard Documents, Standard Clauses, and Checklists to help counsel for landlords and tenants manage the leasing process. It includes forms developed for use in particular states, as well as jurisdictionally neutral industrial/warehouse leasing resources. These jurisdictionally neutral resources include forms and guidance that are useful and relevant to landlords and tenants in every state.
For Toolkits providing guidance for landlords and tenants in negotiating other types of lease transactions, see:
- For a Toolkit setting out standard clauses favoring the landlord and standard clauses favoring the tenant that can be downloaded and redlined against each other to gain an understanding of the parties' perspectives, see: