Free Nursing Home Lease Agreement Template

Nursing Home Lease Agreement

I. Parties Involved

This Nursing Home Lease Agreement (the "Agreement") is made and entered into this day of [Month Day, Year] (the "Effective Date"), by and between [Your Company Name] hereinafter referred to as (the "Lessee"), and [Property Owner's Name], hereinafter referred to as (the "Property Owner") collectively referred to as (the "Parties").

WHEREAS, the Property Owner is the legal owner of the property located at [Property Address], which includes buildings and other improvements (the “Property”);

WHEREAS, the Lessee is engaged in the business of providing nursing home services and has the necessary licenses, permits, and authorizations to operate a nursing home;

WHEREAS, the Lessee desires to lease the Property from the Property Owner and the Property Owner agrees to lease the Property to the Lessee, subject to the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

II. Premise

A. Description of Premises

The premise under this Agreement is the property located at [Property Address], including all buildings, fixtures, and improvements currently existing or subsequently erected on the property, and all easements, rights, and appurtenances related to the property.

B. Use of Premises

The property is suited for use as a nursing home and is in compliance with all applicable laws, regulations, and codes. The Lessee shall have exclusive use of the property for the term of this Agreement, subject to the terms and conditions set forth herein.

C. Condition of Premises

The Lessee acknowledges that it has inspected the property and accepts it in its current condition. Any modifications or improvements required for the Lessee’s use will be at the Lessee’s expense, subject to the Property Owner’s approval.

III. Term of Lease

A. Lease Commencement and Termination

  1. Commencement Date: The lease term will commence on [Month Day, Year] and will continue until [Month Day, Year], unless earlier terminated in accordance with the provisions of this Agreement.

  2. Renewal Terms: Upon the expiration of the term, this Agreement may be renewed under terms and conditions to be agreed upon by both Parties.

  3. Notice of Intent to Renew: We shall provide the Property Owner with written notice of our intent to renew at least [30] days prior to the expiration of the term.

B. Holding Over

  1. Month-to-Month Lease: If we hold over after the termination of this Agreement, such holding over will constitute a new month-to-month lease, which may be terminated by either Party upon [30] days’ written notice.

  2. Rent During Holdover Period: The monthly rent during the holdover period shall be [$5000] per month.

IV. Payment

A. Rent

  1. Monthly Rent: We shall pay to the Property Owner as rent for the Premises the amount of [$5000] per month.

  2. Payment Schedule: The rent shall be payable on the first day of each calendar month.

  3. First Month’s Rent: The first month’s rent is payable to the Property Owner upon execution of this Agreement.

B. Security Deposit

  1. Amount of Security Deposit: Upon execution of this Agreement, the Lessee shall deposit with the Property Owner the sum of [$5000] as security for our obligations under this Agreement.

  2. Use of Security Deposit: The Property Owner may use the security deposit to repair any damage to the Premises caused by us.

  3. Return of Security Deposit: The security deposit, or any balance after deductions, shall be returned to us after the termination of this Agreement.

C. Late Charges

  1. Late Payment: If any amount under this Agreement is not received by the Property Owner by the [5th] day of each month, we agree to pay a late fee.

  2. Late Fee: The late fee shall be [3%] of the outstanding amount.

V. Responsibilities of Parties

A. Lessee

  1. Compliance with Laws: As the Lessee, we are committed to complying with all applicable laws, regulations, and ordinances in our use and occupancy of the Premises. This includes, but is not limited to, health and safety regulations, environmental regulations, and local zoning ordinances.

  2. Maintenance and Repairs: We are responsible for keeping the Premises in a clean, sanitary, and presentable condition. If any damage occurs to the Premises, we will promptly notify the Property Owner and arrange for necessary repairs.

  3. Insurance: We will maintain a comprehensive general liability insurance policy covering our operations at the Premises. This policy will provide coverage of not less than [$1,000,000] per occurrence, protecting us against claims for personal injury and property damage.

  4. Indemnification: We will indemnify and hold the Property Owner harmless from any loss, expense, or claims arising out of our use of the Premises. This includes, but is not limited to, claims for personal injury, property damage, and breach of contract.

  5. Alterations and Improvements: We will not make any alterations or improvements to the Premises without the prior written consent of the Property Owner. Any approved alterations or improvements will be done in a workmanlike manner and in compliance with all applicable laws and regulations.

B. Property Owner

  1. Quiet Enjoyment: The Property Owner will not interfere with our quiet enjoyment and use of the Premises. This means that the Property Owner will not take any action that disrupts our operations or possession of the Premises.

  2. Maintenance and Repairs: The Property Owner is responsible for any structural repairs to the Premises. However, if such repairs are necessitated by our negligence or misuse, we will be responsible for the cost of those repairs.

  3. Insurance: The Property Owner will maintain a property insurance policy covering the Premises. This policy will provide coverage sufficient to cover the replacement cost of the Premises in the event of a loss.

  4. Taxes: The Property Owner is responsible for paying all real property taxes and assessments levied against the Premises. This includes, but is not limited to, municipal, county, and state property taxes.

  5. Utilities: Unless otherwise provided in this Agreement, the Property Owner is responsible for providing and maintaining all utilities serving the Premises. This includes, but is not limited to, water, sewer, electricity, and heating and cooling services.

VI. Termination

A. Termination by Lessee

  1. Notice of Termination: The Lessee may terminate this Agreement prior to the expiration of the term by providing written notice to the Property Owner. The notice period will be [30] days unless otherwise specified in this Agreement.

  2. Condition of Premises upon Termination: Upon termination of this Agreement, the Lessee return the Premises to the Property Owner in a condition as good as or better than the condition at the commencement of this Agreement, normal wear and tear excepted.

B. Termination by Property Owner

  1. Notice of Termination: The Property Owner may terminate this Agreement if we fail to comply with any of the terms and conditions of this Agreement. The Property Owner will provide us with a written notice of termination, specifying the reasons for termination.

  2. Opportunity to Cure: If the termination is due to our failure to comply with the terms and conditions of this Agreement, we will have [15] days from the date of the notice of termination to cure the default.

  3. Condition of Premises upon Termination: Upon termination of this Agreement by the Property Owner, we will vacate the Premises and remove all of our personal property. Any property left will be disposed of by the Property Owner at our expense.

C. Termination upon Expiration of Term

  1. Notice of Non-Renewal: If either Party does not wish to renew this Agreement upon the expiration of the term, that Party will provide the other Party with written notice at least [30] days prior to the expiration of the term.

  2. Condition of Premises upon Termination: Upon the expiration of this Agreement, we will return the Premises to the Property Owner in a clean and good condition, ordinary wear and tear excepted.

  3. Removal of Lessee’s Property: Upon the expiration of this Agreement, we will remove all of our personal property from the Premises. Any property left will be considered abandoned and may be disposed of by the Property Owner at our expense.

VII. Dispute Resolution

A. Negotiation

  1. Good Faith Efforts: In the event of any dispute arising out of or relating to this Agreement, we and the Property Owner will first attempt to resolve the dispute through good faith negotiation. Both Parties agree to use their best efforts to resolve any disputes amicably.

  2. Time for Negotiation: The negotiation period will last for [30] days from the date the dispute was first raised. If the dispute cannot be resolved within this period, either Party may proceed to mediation.

  3. Continued Performance: During the negotiation period, both Parties agree to continue performing their respective obligations under this Agreement.

B. Mediation

  1. Mediation Process: If the dispute cannot be resolved through negotiation, the Parties agree to participate in mediation before resorting to arbitration or litigation. The mediator will be a neutral third party selected by mutual agreement of the Parties.

  2. Cost of Mediation: The cost of mediation will be shared equally between the Parties.

  3. Confidentiality: All discussions during the mediation process will be confidential and will not be used as evidence in any subsequent arbitration or litigation.

C. Arbitration

  1. Arbitration Process: If the dispute cannot be resolved through mediation, the Parties agree to resolve the dispute through binding arbitration. The arbitration will be conducted in accordance with the rules of the [Name of Arbitration Association].

  2. Arbitrator’s Decision: The decision of the arbitrator will be final and binding on both Parties. The arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction.

  3. Cost of Arbitration: Unless the arbitrator decides otherwise, the cost of arbitration will be shared equally between the Parties.

VIII. Governing Law

A. Jurisdiction

  1. Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the state of [State Name], without regard to its conflict of laws principles.

  2. Venue: Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in the state of [State Name], and the Parties hereby irrevocably consent to the personal jurisdiction and venue therein.

B. Compliance with Local Laws

  1. Local Regulations: We shall comply with all local laws and regulations applicable to the operation of a nursing home in the state of [State Name].

  2. Licenses and Permits: We shall obtain and maintain all necessary licenses and permits required to operate a nursing home in the state of [State Name].

  3. Health and Safety: We shall comply with all health and safety regulations applicable to the operation of a nursing home in the state of [State Name].

C. Amendments

  1. Written Amendments: This Agreement may only be amended in writing signed by both Parties.

  2. Effect of Waiver: The waiver by either Party of any breach of this Agreement will not waive any subsequent breach.

  3. Severability: If any provision of this Agreement is found to be unenforceable, the remainder of the Agreement will continue in full force and effect.

IX. SIGNATURE

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first above written.

Lessee

[Authorized Representative Name]

[Your Company Name]

Date: [Month Day, Year]

Property Owner

[Property Owner's Name]

Date: [Month Day, Year]

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