West Virginia Checklist of Matters to be Considered in Drafting a Lease of a Commercial Building: When drafting a lease of a commercial building in West Virginia, it is crucial to consider several key factors to protect the interests of both the landlord and the tenant. Here is a detailed description of what should be included in the lease agreement, along with relevant keywords: 1. Parties involved: Clearly identify the names, addresses, and contact information of both the landlord and the tenant. This ensures proper communication and legal enforcement. 2. Property description: Provide a detailed description of the commercial building, including its address, size, and any specific limitations or features. This will avoid confusion about the leased property. 3. Lease term and renewal options: Specify the duration of the lease, whether it is a fixed term or a periodic lease. Include provisions for renewal or termination options to accommodate both parties' needs. 4. Rental payment and terms: Clearly state the agreed-upon rent amount, payment frequency, and a detailed breakdown of any additional fees, such as taxes, utilities, or maintenance expenses. Include penalties for late payments or bounced checks. 5. Security deposit and maintenance responsibilities: Discuss the amount of the security deposit required, its purpose, and conditions for its return. Define the responsibilities of both parties regarding property maintenance, repairs, and any alterations permitted. 6. Permitted use and exclusivity: Define the specific purposes for which the commercial building can be used by the tenant. Include any provisions regarding exclusive rights or limitations on competition within the building. 7. Insurance and liability: Determine the required insurance coverage for the tenant and the landlord, including liability, property, and casualty insurance. Specify how any damages or liability claims will be handled. 8. Assignment and subletting: Address whether the tenant can assign the lease or sublet the premises to another party, and under what conditions this can occur, such as landlord's consent or payment of fees. 9. Termination provisions: Include conditions for early termination of the lease by either party, such as breach of contract, default in payment, or unforeseen circumstances. 10. Dispute resolution: Establish a mechanism for resolving potential disputes, such as mediation or arbitration, to avoid lengthy and costly litigation. 11. Compliance with laws and regulations: Ensure that both parties comply with applicable state, local, and federal laws, including zoning, building codes, ADA compliance, and environmental regulations. Different types of West Virginia Checklists of Matters to be Considered in Drafting a Lease of a Commercial Building may include specialized topics such as: 1. Retail lease checklist: Focuses on specific considerations relevant to retail spaces, such as operating hours, signage rights, maintenance of common areas, and non-compete clauses. 2. Industrial lease checklist: Includes considerations for industrial properties, such as machinery use, environmental permits, hazardous materials' storage, and compliance with occupational safety regulations. 3. Office lease checklist: Tailored for office spaces, covering parking allocation, access to common areas, utilities distribution, and responsibilities for ongoing maintenance and repairs. By incorporating these essential matters into the lease agreement, both the landlord and the tenant will have a clear understanding of their rights and responsibilities, minimizing potential conflicts and ensuring a smooth commercial property lease in West Virginia.