Ohio Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building When drafting a lease for a commercial building in Ohio, it is crucial to consider various factors to ensure a comprehensive and legally binding agreement between landlords and tenants. This checklist outlines the key matters that should be addressed in such a lease, ensuring both parties are protected and their interests are taken into account. 1. Parties Involved: Identify the full legal names and addresses of the landlord and tenant. Include any additional parties, such as guarantors or assignees, if applicable. 2. Property Description: Provide an accurate and detailed description of the commercial building, including address, square footage, boundaries, and any specific areas assigned or excluded from the lease. 3. Lease Term: Specify the duration of the lease, including the start and end dates, renewal options, early termination provisions, and any potential rent escalation clauses. 4. Rent Payment and Conditions: Establish the amount of rent, frequency of payment (monthly, quarterly, etc.), and acceptable payment methods. Include provisions regarding late fees, grace periods, security deposits, and rent escalation clauses. 5. Tenant Improvements: Outline any tenant improvement allowances, obligations, or restrictions regarding modifications, renovations, or additions to the leased premises. Include insurance requirements, permits, and compliance with local building codes. 6. Maintenance and Repairs: Determine responsibilities for maintenance, repairs, and replacement of building systems, such as HVAC, electrical, plumbing, and structural elements. Specify who is responsible for common areas and parking lots. 7. Utilities and Services: Clarify which party is responsible for utility costs, including electricity, water, gas, and trash collection. Discuss any shared services, such as security, landscaping, or janitorial services, and determine cost-sharing arrangements. 8. Insurance: Specify the types and amounts of insurance coverage required from both parties, including liability, property, and casualty insurance. Set forth provisions for providing proof of insurance and handling claims. 9. Use Restrictions: Define the permitted use of the premises according to local zoning regulations and establish any restrictions on alterations, noise, hazardous materials, or subletting/subleasing. 10. Compliance with Laws: Ensure that both parties adhere to federal, state, and local laws, including ADA compliance, environmental regulations, and building code compliance. Discuss responsibility for obtaining necessary permits and licenses. 11. Default and Remedies: Clearly define default conditions, such as non-payment of rent, violation of lease terms, or bankruptcy. Establish remedies, including notices, cure periods, eviction proceedings, and potential damages. 12. Assignment and Subletting: Specify whether the tenant has the right to assign the lease or sublet the premises, and under what conditions. Clarify the landlord's approval process and any associated fees or restrictions. 13. Termination and Renewal: Outline the conditions and notice requirements for lease termination or renewal, including any penalties, options, or renewal terms. 14. Dispute Resolution: Consider including provisions for alternative dispute resolution, such as mediation or arbitration, to resolve potential lease disputes rather than resorting to litigation. Ohio Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building serves as a comprehensive guide to ensure important considerations are addressed in the lease agreement. It provides protection and clarity to both landlords and tenants, creating a mutually beneficial relationship while complying with Ohio's commercial leasing laws.