Louisiana commercial lease agreement template

Louisiana Commercial Lease Agreement

This Commercial Lease Agreement (the "Lease") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Louisiana corporation] with an address at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Louisiana Limited Liability Company] with an address at [Tenant Address] ("Tenant").

Article 1: Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], and further described as [Suite/Unit Number], consisting of approximately [Square Footage] square feet (the "Premises").

Option A: Floor plan/site map attached as Exhibit A.

Option B: No floor plan/site map attached.

Permitted Use: The Premises shall be used solely for the purpose of [Description of Permitted Use].

Option A: Exclusive Use Clause: Landlord agrees not to lease any other space in the [Building/Property Name] to a tenant that engages in the same business as Tenant, described as: [Description of Exclusive Use].

Option B: Non-Exclusive Use.

Common Areas: Tenant shall have the right to use the common areas of the [Building/Property Name] in common with other tenants.

Parking: Tenant shall be allocated [Number] parking spaces, which are [Reserved/Unreserved]. Signage rights are [Granted/Not Granted] as described in Exhibit B.

Fixtures/Equipment: The following fixtures, furniture, and equipment are included in the lease: [Description of Fixtures/Equipment].

Article 2: Term

The term of this Lease shall commence on [Start Date] and expire on [End Date] (the "Term").

Option A: Periodic Lease (Month-to-Month): The Lease shall continue on a month-to-month basis after the initial term, terminable by either party with [Number] days' written notice.

Option B: Automatic Renewal: This Lease shall automatically renew for successive terms of [Number] years unless either party gives written notice of termination at least [Number] days prior to the expiration of the then-current term.

Early Termination:

Option A: Tenant shall have the right to terminate this Lease early by paying a termination fee of [Dollar Amount] and providing [Number] days' written notice.

Option B: No Early Termination.

Renewal Notice: Tenant must provide written notice of renewal at least [Number] days prior to the expiration of the Term. Landlord must acknowledge or deny the renewal within [Number] days of receiving Tenant's notice.

Termination Notice: Termination notice must be in writing and sent via certified mail to [Landlord/Tenant designated notice address]

Article 3: Rent

Base Rent: The base rent for the Premises shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on [Date].

Escalations:

Option A: Fixed Increase: The base rent shall increase by [Percentage]% per year, beginning on [Date].

Option B: CPI Adjustment: The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [City, State], with the adjustment effective on [Date].

Option C: Step-Up Schedule: The base rent shall be:

[Dollar Amount] per month from [Start Date] to [Date].

[Dollar Amount] per month from [Date] to [End Date].

Option D: No Escalation

Percentage Rent: In addition to the base rent, Tenant shall pay [Percentage]% of gross sales exceeding [Dollar Amount] per [Month/Year].

Payment Method: Rent shall be paid by [Payment Method, e.g., check, wire transfer, ACH] to Landlord at [Payment Address].

Late Payment Charge: A late payment charge of [Dollar Amount] or [Percentage]% of the overdue amount shall be assessed for any rent payment received more than [Number] days after the due date.

Returned Check Fee: A fee of [Dollar Amount] shall be charged for any returned check.

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], to be held as security for the performance of Tenant's obligations under this Lease.

Handling: Landlord shall hold the security deposit in [Escrow account/Regular bank account]

Permitted Deductions: Landlord may deduct from the security deposit amounts necessary to remedy Tenant's default in the payment of rent or to repair damage to the Premises caused by Tenant, its agents, employees, or invitees, normal wear and tear excepted.

Interest: Landlord will [Pay/Not Pay] interest on the security deposit in accordance with Louisiana law.

Return: The security deposit, less any permitted deductions, shall be returned to Tenant within [Number] days after the termination of this Lease and Tenant's surrender of the Premises.

Prepaid Rent: Tenant shall pay [Dollar Amount] as prepaid rent covering the period from [Start Date] to [Date].

Article 4: Additional Rent and Expenses

Property Taxes:

Option A: Landlord shall pay all property taxes.

Option B: Tenant shall pay [Percentage]% of the property taxes, as determined by Landlord.

Utilities: Tenant shall be responsible for paying for the following utilities: [List of Utilities].

Insurance: Tenant shall maintain insurance as required in Article 9.

Maintenance Fees:

Option A: Landlord is responsible for all maintenance.

Option B: Tenant is responsible for maintenance under [Dollar Amount], landlord is responsible for anything above.

Common Area Maintenance (CAM) Charges: Tenant shall pay its pro rata share of CAM charges, which shall be calculated as [Calculation Method].

Reconciliation: Landlord shall provide Tenant with an annual reconciliation of CAM charges.

Audit Rights: Tenant shall have the right to audit Landlord's CAM charge records upon [Number] days' written notice.

Article 5: Use of Premises

Permitted Uses: The Premises shall be used solely for the purpose of [Description of Permitted Use].

Prohibited Uses: The Premises shall not be used for any of the following purposes: [List of Prohibited Uses].

Compliance with Laws: Tenant shall comply with all applicable laws, ordinances, and regulations, including zoning, environmental, fire, health, and ADA regulations.

Option A: Exclusive Use: Landlord shall not lease space in the [Building/Property Name] to any other tenant whose primary business is [Description of Exclusive Use].

Option B: Radius Restriction: Tenant shall not operate a similar business within a [Number] mile radius of the Premises during the Term of this Lease.

Article 6: Tenant Improvements and Alterations

Initial Build-Out:

Option A: Landlord shall be responsible for the initial build-out of the Premises according to the plans and specifications attached as Exhibit C.

Option B: Tenant shall be responsible for the initial build-out of the Premises.

Improvement Allowance: Landlord shall provide Tenant with an improvement allowance of [Dollar Amount] to be used for improvements to the Premises.

Design Standards: All improvements and alterations shall comply with Landlord's design standards.

Approval Requirements: Tenant shall obtain Landlord's prior written approval for any alterations or improvements to the Premises.

Ownership/Removal:

Option A: All improvements and alterations shall become the property of Landlord upon termination of this Lease.

Option B: Tenant shall have the right to remove any alterations or improvements made by Tenant, provided that Tenant restores the Premises to its original condition.

Article 7: Maintenance and Repair

Landlord's Obligations: Landlord shall be responsible for the following maintenance and repairs: [List of Landlord's Responsibilities, e.g., structural repairs, roof, exterior walls, common areas].

Tenant's Obligations: Tenant shall be responsible for the following maintenance and repairs: [List of Tenant's Responsibilities, e.g., interior, non-structural repairs, HVAC, plumbing].

HVAC:

Option A: Tenant is responsible for HVAC maintenance.

Option B: Landlord is responsible for HVAC Maintenance.

Plumbing:

Option A: Tenant is responsible for Plumbing maintenance.

Option B: Landlord is responsible for Plumbing Maintenance.

Regular Inspections: Landlord shall have the right to inspect the Premises upon [Number] days' written notice.

Maintenance Standards: Tenant shall maintain the Premises in a clean and safe condition.

Article 8: Signage

Allowance: Tenant shall be allowed to install signage on the Premises in accordance with Landlord's signage policy.

Limitations: Signage shall be subject to the following limitations: [List of Limitations, e.g., size, location, materials].

Approval Procedures: Tenant shall submit all signage plans to Landlord for approval.

Compliance: All signage shall comply with applicable local ordinances.

Article 9: Insurance

Required Types: Tenant shall maintain the following types of insurance:

Commercial General Liability Insurance: [Dollar Amount] per occurrence.

Property Insurance: covering the full replacement cost of Tenant's personal property and improvements.

Casualty Insurance.

Minimum Coverage Amounts: As specified above.

Proof: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

Waiver Provisions:

Option A: Landlord shall be named as an additional insured on Tenant's liability insurance policy.

Option B: Waiver of Subrogation: Each party waives any right of recovery against the other for any loss or damage covered by insurance.

Option C: Business Interruption Insurance: Tenant shall maintain business interruption insurance.

Certificate Updates: Tenant shall provide Landlord with updated certificates of insurance annually.

Article 10: Indemnification

Option A: Mutual Indemnification: Each party shall indemnify and hold harmless the other party from and against any and all claims, losses, damages, or injuries arising out of or related to its own negligence or willful misconduct.

Option B: Tenant Indemnification: Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, or injuries arising out of or related to Tenant's use of the Premises.

Article 11: Casualty and Condemnation

Casualty: If the Premises are damaged by fire or other casualty, Landlord shall have the right to repair the Premises.

Landlord Repair Rights: Landlord shall have [Number] days to notify Tenant of the time they will take to repair.

Abatement: Rent shall be abated during the period of repair to the extent that the Premises are unusable.

Termination: If the Premises are substantially damaged or destroyed, either party shall have the right to terminate this Lease.

Condemnation: If the Premises are taken by eminent domain, this Lease shall terminate. Tenant shall be entitled to receive compensation for its personal property and leasehold improvements.

Article 12: Assignment and Subletting

Landlord Consent: Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld.

Reasonableness: Landlord's consent shall not be unreasonably withheld, conditioned, or delayed.

Recapture Rights: Landlord shall have the right to recapture the Premises upon Tenant's request to assign or sublet.

Permitted Transfers: This restriction shall not apply to a transfer to an affiliate of Tenant or a transfer of a controlling interest in Tenant.

Profit Sharing: [Percentage]% of any profit from assignment or subletting shall be paid to the landlord.

Article 13: Default and Remedies

Tenant Default: The following shall constitute a default by Tenant:

Failure to pay rent when due.

Failure to comply with any other term or condition of this Lease.

Landlord Default: The following shall constitute a default by Landlord:

Failure to comply with any term or condition of this Lease.

Notice and Cure: The non-defaulting party shall give written notice of default to the defaulting party, who shall have [Number] days to cure the default.

Remedies: Upon default, the non-defaulting party shall have the following remedies:

Termination of this Lease.

Re-entry and repossession of the Premises.

Acceleration of rent.

Specific performance.

Damages.

Lock-out.

Rent Abatement suspension.

Late Charges: As stated above in article 3.

Lock-out and/or Re-entry must conform to Louisiana law.

Article 14: Termination and Surrender

Termination Rights: Landlord shall have the right to terminate this Lease upon Tenant's default.

Early Termination: Tenant shall have the right to terminate this Lease early under the conditions stated above in Article 2.

Condition of Premises: Upon termination, Tenant shall surrender the Premises in the same condition as when received, ordinary wear and tear excepted.

Removal of Fixtures: Tenant shall remove all of its personal property and trade fixtures from the Premises.

Restoration: Tenant shall restore the Premises to its original condition, if required by Landlord.

Final Inspection: Landlord shall conduct a final inspection of the Premises upon Tenant's surrender.

Article 15: Legal Compliance and Warranties

Authority: Each party represents and warrants that it has the authority to enter into this Lease.

Compliance with Laws: Each party shall comply with all applicable laws and regulations.

Hazardous Materials: Tenant shall not use, store, or dispose of any hazardous materials on the Premises in violation of applicable laws.

Habitability: Landlord warrants that the Premises are suitable for Tenant's intended use.

Suitability: Landlord warrants that the Premises are suitable for [Specified use].

Disclosures:

Option A: The premises [Do/Do not] contain lead-based paint.

Option B: The premises [Do/Do not] contain asbestos.

Article 16: Notices

Method: All notices shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested.

Address: Notices to Landlord shall be sent to [Landlord Notice Address]. Notices to Tenant shall be sent to [Tenant Notice Address].

Effective Date: Notice shall be effective upon receipt.

Representatives: Landlord designates [Landlord Representative Name] as their representative. Tenant designates [Tenant Representative Name] as their representative.

Article 17: Dispute Resolution

Option A: Mediation: Any dispute arising out of or relating to this Lease shall be submitted to mediation before resorting to litigation.

Option B: Arbitration: Any dispute arising out of or relating to this Lease shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

Choice of Law: This Lease shall be governed by and construed in accordance with the laws of the State of Louisiana.

Venue: Venue for any legal action shall be in [Parish Name] Parish, Louisiana.

Jurisdiction: The parties consent to the jurisdiction of the courts of the State of Louisiana.

Attorney Fees: The prevailing party in any legal action shall be entitled to recover its reasonable attorney fees and costs.

Waiver of Jury Trial: Each party waives its right to a jury trial in any legal action arising out of or relating to this Lease.

Article 18: Miscellaneous

Amendment: This Lease may be amended only by a written instrument signed by both parties.

Waiver: No waiver of any provision of this Lease shall be effective unless in writing and signed by the waiving party.

Entire Agreement: This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Severability: If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Binding Effect: This Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Lease to the extent that such failure is caused by a force majeure event.

Counterparts: This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Electronic Signature: This Lease may be executed and delivered electronically and the parties agree that such electronic execution and delivery shall have the same force and effect as original signatures.

Article 19: Louisiana Specific Provisions

Consent, Thing, and Price: This Lease constitutes a valid contract under Louisiana law, with the consent of the parties, a thing (the Premises), and a price (the Rent).

Option A: Stipulation Pour Autrui: This lease [Does/Does not] contain a stipulation pour autrui clause in favor of [Third Party Name].

Good Faith: The parties agree to act in good faith in the performance of their obligations under this Lease.

Option A: Waiver of Warranty: Tenant [Does/Does not] waive the implied warranty of fitness for a particular purpose.

Lessor's Duty: The lessor's duty is to deliver peaceful possession.

Security Deposit: Landlord shall return the security deposit within [Number] days of termination, less any allowable deductions, as required by Louisiana law.

Lessor's Privilege: Landlord retains a lessor's privilege (Landlord's lien) on Tenant's movable property located on the Premises.

Option A: Waiver of Lessor's Privilege: Landlord [Does/Does not] waive the Landlord's lien.

Eviction: Landlord may pursue eviction under Louisiana summary process, subject to applicable notice requirements.

IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above.

Landlord:

____________________________

[Landlord Name]

By: [Landlord Signature]

Name: [Printed Name]

Title: [Title]

Tenant:

____________________________

[Tenant Name]

By: [Tenant Signature]

Name: [Printed Name]

Title: [Title]

Guarantor (if applicable):

____________________________

[Guarantor Name]

Address: [Guarantor Address]

Signature: [Guarantor Signature]