Louisiana warehouse lease agreement template
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How Louisiana warehouse lease agreement Differ from Other States
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Louisiana lease agreements are governed by a civil law system (Louisiana Civil Code), not common law like most other states.
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There are unique default and eviction procedures for commercial leases in Louisiana, including shorter notice periods in some cases.
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Security deposit regulations and landlord obligations differ under Louisiana law, requiring distinct compliance for local leases.
Frequently Asked Questions (FAQ)
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Q: Is notarization required for warehouse lease agreements in Louisiana?
A: Notarization is not strictly required, but it is recommended for enforceability and to facilitate official recordation if needed.
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Q: Are there specific termination notice requirements in Louisiana warehouse leases?
A: Yes, the Louisiana Civil Code sets notice periods, typically 30 days for month-to-month leases unless otherwise agreed in writing.
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Q: Can rent escalation clauses be included in a Louisiana warehouse lease?
A: Yes, rent escalation clauses are permitted, but they must be clearly specified within the lease agreement and mutually agreed.
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Louisiana Warehouse Lease Agreement
This Louisiana Warehouse Lease Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Landlord Legal Name], whose address is [Landlord Address] (hereinafter referred to as "Landlord"), and [Tenant Legal Name], whose address is [Tenant Address] (hereinafter referred to as "Tenant").
Landlord is a [Landlord Entity Type, e.g., Corporation, LLC, Individual] organized and existing under the laws of Louisiana. If applicable, Landlord's registered agent in Louisiana is [Landlord Agent Name], with address [Landlord Agent Address].
Tenant is a [Tenant Entity Type, e.g., Corporation, LLC, Individual] organized and existing under the laws of Louisiana. If applicable, Tenant's registered agent in Louisiana is [Tenant Agent Name], with address [Tenant Agent Address].
1. Premises
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the warehouse premises located at [Property Address], and legally described as [Legal Description] (the "Premises").
- The Premises includes the following:
- Warehouse square footage: [Square Footage]
- Ceiling height: [Ceiling Height]
- Loading docks: [Number]
- Overhead doors: [Number]
- Racking configuration: [Description of Racking, if any]
- Office/mezzanine area: [Square Footage or Description]
- Parking lot: [Description of Parking]
- Fenced yard: [Yes/No]
- Exterior storage rights: [Yes/No, Description]
- Access to shared/exterior features: [Description, e.g., truck turnaround, security gate]
2. Use
The Premises shall be used and occupied by Tenant solely for the purpose of [Permitted Use, e.g., storage, light manufacturing, logistics, shipping hub].
- Option A: Permitted use is limited to [Specific Permitted Use Details].
- Option B: Permitted use specifically excludes [Prohibited Uses, e.g., hazardous material storage, retail sales].
- Tenant shall obtain all necessary parish or municipal occupancy certificates.
Tenant represents and warrants that its intended use of the Premises complies with all applicable zoning regulations and does not require any variances or special permits that have not been obtained. Landlord makes no representation regarding the suitability of the Premises for Tenant's intended use, except as expressly stated herein.
3. Term
The term of this Agreement shall commence on [Commencement Date] and shall expire on [Expiration Date] (the "Term").
- Option A: Renewal Option: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] days prior to the expiration of the then-current Term.
- Option B: Early Termination: Tenant may terminate this Lease early upon [Number] days' written notice to Landlord and payment of a termination fee equal to [Amount or Formula], in the event of [Permitted Conditions for Early Termination, e.g., condemnation, casualty, force majeure].
- Option C: In the event of condemnation or casualty rendering the premises unusable, the Tenant's only obligation shall be the pro rata share of rental payments through the date of termination.
4. Rent
Tenant shall pay Landlord rent in the amount of [Base Rent Amount] per [Month/Year], payable in advance on the [Day] day of each [Month/Year] (the "Rent").
- Option A: Rent Escalation: The Rent shall increase by [Percentage] percent annually, commencing on [Date].
- Option B: CPI Adjustment: The Rent shall be adjusted annually based on the Consumer Price Index (CPI) for [Specific CPI].
- Rent shall be paid to Landlord at [Payment Address] or to such other address as Landlord may designate in writing.
- The security deposit is [Security Deposit Amount]. This is to be held in a Louisiana bank account.
5. Taxes, Insurance, and Utilities
This Lease is a [Triple-Net/Gross/Modified Gross] lease.
- Option A (Triple-Net): Tenant shall pay, as additional rent, all real property taxes (state, parish, and municipal), sales/use taxes, and occupancy taxes assessed against the Premises, as well as all insurance premiums for the Premises, and all utility charges for the Premises, including but not limited to water, sewer, electricity, gas, and waste disposal.
- Option B (Gross): Landlord shall pay all real property taxes, insurance premiums, and utility charges for the Premises.
- Option C (Modified Gross): Landlord shall pay real property taxes and insurance premiums, and Tenant shall pay all utility charges. Common area maintenance charges (CAM) shall be the responsibility of [Landlord/Tenant/Shared, specify percentage].
- Tenant shall comply with all requirements of any special taxing district or incentive zone applicable to the Premises.
6. Insurance
Tenant shall maintain the following insurance coverage:
- Commercial general liability insurance with limits of not less than [Amount] per occurrence and [Amount] in the aggregate.
- Property insurance covering the Premises for its full replacement value.
- Workers' compensation insurance as required by Louisiana law.
- Business interruption insurance.
- Landlord shall be named as an additional insured on Tenant's commercial general liability insurance policy.
- Landlord shall maintain property insurance on the building and improvements, subject to commercially reasonable deductibles.
7. Maintenance and Repairs
Tenant shall be responsible for the day-to-day maintenance and repair of the Premises.
- Option A: Landlord shall be responsible for structural repairs to the roof, foundation, and exterior walls of the Premises.
- Option B: Tenant shall be responsible for all repairs, including structural repairs, subject to reasonable wear and tear.
- Tenant shall maintain all warehouse-specific equipment in good working order, including dock levelers, racking, forklifts, and fire suppression systems.
- Landlord shall be responsible for maintaining the roof.
8. Alterations and Improvements
Tenant shall not make any alterations or improvements to the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.
- All alterations and improvements shall be performed in compliance with all applicable laws and regulations, including Louisiana construction lien law.
- Upon expiration or termination of this Lease, Tenant shall restore the Premises to its original condition, reasonable wear and tear excepted.
9. Compliance with Laws
Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances relating to the use, occupancy, and operation of the Premises, including but not limited to Louisiana workplace safety rules, environmental regulations, and parish fire marshal requirements.
- Tenant shall be responsible for obtaining all necessary permits and licenses for its operation of the Premises.
- Tenant is responsible for compliance with ADA.
10. Hazardous Materials
Tenant shall not store, use, or dispose of any hazardous materials on the Premises without Landlord's prior written consent, and in compliance with all applicable environmental laws and regulations, including those of the Louisiana Department of Environmental Quality.
- Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, and liabilities arising out of Tenant's use, storage, or disposal of hazardous materials on the Premises.
- Tenant shall maintain appropriate records regarding the storage and use of hazardous materials.
11. Subleasing and Assignment
Tenant shall not sublease the Premises or assign this Lease without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
- Any sublease or assignment shall be subject to all of the terms and conditions of this Lease.
12. Default and Remedies
If Tenant fails to pay Rent when due or otherwise breaches this Lease, Landlord shall have the right to pursue all available remedies under Louisiana law, including eviction, acceleration of Rent, and termination of this Lease.
- Landlord shall provide Tenant with written notice of any default and an opportunity to cure the default within [Number] days.
- Landlord's lien rights are specifically preserved.
13. Casualty and Condemnation
If the Premises are damaged by fire or other casualty, or if the Premises are taken by eminent domain, this Lease shall terminate unless Landlord elects to restore the Premises within a reasonable time.
- Rent shall abate during any period of restoration.
- Tenant's rights and obligations in the event of condemnation shall be governed by applicable Louisiana statutes.
14. Surrender of Premises
Upon expiration or termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, free of all personal property and debris.
- Tenant shall remove all of its equipment, inventory, and racking from the Premises.
- Tenant shall repair any damage to the Premises caused by Tenant's removal of its property.
15. Notices
All notices under this Lease shall be in writing and shall be deemed to be duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.
16. Force Majeure
Neither party shall be liable for any failure to perform its obligations under this Lease if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, hurricanes, flooding, and governmental emergency orders.
17. Governing Law
This Lease shall be governed by and construed in accordance with the laws of the State of Louisiana. Exclusive venue for any dispute arising under this agreement shall be in the parish of [Parish Name], Louisiana.
18. Entire Agreement
This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
19. Broker Representation
[Broker Name] is representing [Landlord/Tenant/Both] in this transaction and is a licensed real estate professional in Louisiana.
20. Exhibits
The following exhibits are attached to and made a part of this Lease:
- Exhibit A: Floor Plan
- Exhibit B: Site Plan
- Exhibit C: Inventory of Existing Fixtures/Equipment
- Exhibit D: Move-In Condition Report
- Exhibit E: Applicable Warehouse Rules/Regulations
- Exhibit F: Parish Permits or Code Certificates
21. Indemnification
Tenant agrees to indemnify and hold Landlord harmless from any and all claims, damages, and liabilities arising out of Tenant's use or occupancy of the Premises, except to the extent caused by Landlord's gross negligence or willful misconduct.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Landlord Legal Name]
By: [Landlord Signature]
Name: [Landlord Printed Name]
Title: [Landlord Title]
[Tenant Legal Name]
By: [Tenant Signature]
Name: [Tenant Printed Name]
Title: [Tenant Title]