Louisiana retail lease agreement template

Louisiana Retail Lease Agreement

This Louisiana Retail Lease Agreement (the "Lease") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Louisiana Limited Liability Company], with its principal place of business at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Louisiana Corporation], with its principal place of business at [Tenant Address] ("Tenant").

If applicable: [Agent Name], with contact information at [Agent Address], acts as the agent for the Landlord.

Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following described premises (the "Premises"):

Option A: A retail space located at [Street Address], in the Parish of [Parish Name], Louisiana, consisting of Suite/Unit Number [Suite/Unit Number].

Option B: The retail space located at [Street Address], in the Parish of [Parish Name], Louisiana, as outlined in Exhibit A attached hereto and incorporated herein.

The Premises consists of approximately [Gross Square Footage] gross square feet and [Usable Square Footage] usable square feet.

Description of Retail Unit: [Detailed Description of Retail Unit, including any special features].

Storage: [Description of any storage space included, size, and location].

Parking:

Option A: Tenant shall have the exclusive use of [Number] designated parking spaces. Customer parking will be available on a shared basis in the common parking area.

Option B: Tenant shall have use of the common parking area. No parking spaces are specifically designated.

Loading Docks/Delivery Zones: [Description of access to loading docks or delivery zones, if any].

Signage:

Option A: Tenant shall have the right to install signage in the following location(s): [Describe Signage Locations], subject to all applicable local zoning and sign ordinances. Tenant is responsible for obtaining all required permits.

Option B: Signage will be in accordance with the existing shopping center or building signage plan.

Exclusive Use Areas: [Description of any exclusive-use areas granted to the tenant, if any].

Permitted Use and Compliance

The Premises shall be used solely for the purpose of operating a [Description of Permitted Use, e.g., retail clothing store].

Prohibited Uses: [List of Prohibited Uses, e.g., adult entertainment, firearms sales]. The use shall be subject to all applicable Louisiana retail business laws, including restrictions on the sale of alcohol, tobacco, CBD, and gaming, per state and local codes.

The Tenant shall comply with all applicable Louisiana retail-specific regulations, building codes (including ADA accessibility and fire code requirements as per local fire marshal standards), and all zoning requirements.

Lease Term

The term of this Lease shall commence on [Commencement Date] (the "Commencement Date") and shall expire on [Expiration Date] (the "Expiration Date"), unless sooner terminated as provided herein.

Possession Date: [Date Tenant Takes Possession].

Renewal Options:

Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the Expiration Date.

Option B: No renewal options.

Early Termination:

Option A: Tenant may terminate this Lease early by providing Landlord with [Number] months' written "Notice to Vacate" as required by Louisiana law, and paying a termination fee of [Dollar Amount].

Option B: No early termination permitted.

Holding Over: Any holding over by Tenant after the Expiration Date without Landlord's written consent shall be considered a month-to-month tenancy, subject to a rental rate of [Percentage]% of the then-current rent.

Rent

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

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant's obligations under this Lease. The security deposit will be handled in accordance with Louisiana Commercial Lease law.

Additional Rent:

Option A: Triple Net (NNN) Lease: In addition to the base rent, Tenant shall pay its pro rata share of all operating expenses, property taxes, and insurance costs (collectively, "Operating Expenses") as set forth in Section 6.

Option B: Modified Gross Lease: In addition to the base rent, Tenant shall pay its pro rata share of certain operating expenses as set forth in Section 6. Landlord shall be responsible for [List of Landlord Responsibilities].

Option C: Gross Lease: Tenant shall pay only the base rent. Landlord shall be responsible for all Operating Expenses.

Percentage Rent:

Option A: In addition to the base rent, Tenant shall pay percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Dollar Amount] per year. Landlord shall have the right to audit Tenant's gross sales records.

Option B: No percentage rent.

Annual Rent Escalation:

Option A: The base rent shall increase annually by [Percentage]%.

Option B: The base rent shall increase annually based on the Consumer Price Index (CPI) [Specify CPI Index and Method].

Option C: No annual rent escalation.

Payment Method: Rent shall be payable by [Payment Method, e.g., check, electronic transfer] to Landlord at [Payment Address].

Late Fees: A late fee of [Dollar Amount] or [Percentage]% of the overdue amount, whichever is greater, shall be charged for any rent payment received more than [Number] days after the due date.

Property Taxes: Tenant is liable for Louisiana ad valorem and business personal property taxes based on their property.

Maintenance and Repairs

Landlord's Obligations: Landlord shall be responsible for maintaining the following: [List of Landlord Responsibilities, e.g., roof, structure, parking lot].

Tenant's Obligations: Tenant shall be responsible for maintaining the Premises in a clean and good working condition, including, but not limited to: [List of Tenant Responsibilities, e.g., HVAC, plumbing, interior, glass]. Tenant shall maintain the premises to specified retail standards, including cleaning schedules and waste disposal rules per local ordinances.

Utilities and Common Area Maintenance (CAM)

Utilities:

Option A: Tenant shall be responsible for all utility charges for the Premises, including [List of Utilities, e.g., electricity, gas, water, sewer].

Option B: Landlord shall provide [List of Utilities Landlord Provides], and Tenant shall pay for [List of Utilities Tenant Pays].

Common Area Maintenance (CAM):

Option A: Tenant shall pay its pro rata share of CAM charges, which shall include the costs of maintaining the common areas of the property, including, but not limited to, landscaping, parking lot maintenance, and security. Landlord shall provide Tenant with an annual accounting of CAM expenses. Tenant has inspection/audit rights.

Option B: Landlord shall be responsible for CAM charges.

CAM Reconciliation: CAM charges will be reconciled annually.

Tenant Improvements

Option A: Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld. All improvements shall comply with applicable codes and permitting requirements.

Option B: Tenant may make improvements to the Premises. All improvements shall comply with applicable codes and permitting requirements. Tenant is responsible for obtaining all necessary permits and approvals.

Note: Louisiana Sales and Use Tax may apply to construction materials.

At the expiration or termination of this Lease, Tenant shall [Choose One: restore the Premises to its original condition / not be required to restore the Premises].

Trade Fixtures: Tenant may remove its trade fixtures at the end of the lease term, provided that Tenant repairs any damage caused by such removal.

Insurance

Tenant shall maintain the following insurance coverage:

Property insurance covering the Premises for the full replacement value.

Commercial general liability insurance with a minimum limit of [Dollar Amount] per occurrence.

Business interruption insurance.

Landlord shall be named as an additional insured on Tenant's commercial general liability policy.

Waiver of Subrogation: To the extent permitted by law, Landlord and Tenant each waive any and all rights of recovery against the other for any loss or damage to the extent such loss or damage is covered by insurance.

Responsibility for Casualty Loss: [Specify responsibilities for casualty loss due to fire, flood, etc.].

Condemnation: [Specify responsibilities and rights in the event of condemnation].

Force Majeure: [Define force majeure events and their impact on the Lease].

Subleasing and Assignment

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

[Optional: Landlord may recapture the Premises if Tenant requests to sublease or assign].

Lessor’s Privilege: Landlord has "lessor's privilege" on the tenant's in-store movables for unpaid rent/debt per Louisiana Civil Code Article 2707.

Default and Remedies

Events of Default: The following shall constitute events of default by Tenant:

Failure to pay rent when due.

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

Abandonment of the Premises.

Notice and Cure: Landlord shall give Tenant written notice of any default, and Tenant shall have [Number] days to cure the default.

Landlord's Remedies: Upon the occurrence of an event of default, Landlord shall have the right to:

Terminate this Lease.

Evict Tenant from the Premises in compliance with Louisiana eviction procedure, including providing the required "Notice to Vacate" period.

Sue Tenant for damages.

Exercise any other remedies available at law or in equity.

Entry Rights

Landlord shall have the right to enter the Premises for the purpose of inspection, repairs, or showings, provided that Landlord gives Tenant reasonable advance notice, except in cases of emergency. Entry shall comply with Louisiana privacy standards.

Business Operations

Minimum Opening Hours: Tenant shall keep the Premises open for business during the following hours: [Specify Opening Hours].

Exclusive Use: Landlord shall not lease any other space in the property to a business that directly competes with Tenant's business [Specify Restrictions, if any].

Co-Tenancy: [Specify Co-Tenancy provisions if applicable, particularly in shopping centers].

Environmental Compliance

Tenant shall not store or release any hazardous materials on the Premises. Tenant shall comply with all applicable regulations of the Louisiana Department of Environmental Quality (LDEQ).

Licensing and Sales Tax

Tenant shall obtain all necessary local business licenses and sales tax registration. Tenant shall provide Landlord with proof of Louisiana sales tax registration and all other required local permits. Tenant is responsible for sales tax collections and remittance obligations.

Modifications and Waiver

No modification or waiver of any provision of this Lease shall be effective unless in writing and signed by both Landlord and Tenant.

Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above. Delivery methods must comply with Louisiana law.

Entire Agreement

This Lease constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Assignment of Risks and Indemnity

[Detailed indemnity provisions tailored to retail premises liabilities].

Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved by [Choose One: negotiation / mediation / litigation]. This Lease shall be governed by and construed in accordance with the laws of the State of Louisiana. Venue for any legal action shall be in [Parish Name] Parish, Louisiana.

[Optional: Prevailing party attorney’s fee clause].

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

Shopping Center Provisions (If Applicable)

[If the property is part of a shopping center, include requirements on participation in promotional fund, CAM budgeting, allocation method, and tenant’s signage and storefront design compliance].

Louisiana Law

This Lease is subject to the provisions of the Louisiana Civil Code for leases (Articles 2668 et seq.). Landlord has disclosed the "lessor's privilege" (landlord’s statutory lien on the tenant’s in-store movables). The security deposit shall be returned and used in compliance with Louisiana-specific rules. This Lease complies with all applicable state and municipal retail business and tax regulations.

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

____________________________

[Landlord Name]

By: ____________________________

[Landlord Printed Name and Title]

____________________________

[Tenant Name]

By: ____________________________

[Tenant Printed Name and Title]