UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF [_PARISH_]
COMMERCIAL LEASE
BE IT KNOWN AND REMEMBERED that on the date hereafter
shown and before the undersigned authority and in the presence
of the undersigned good and competent witnesses,
PERSONALLY CAME AND APPEARED:
[_LESSOR_1_] , whose Tax Identification Number is
[_TIN_1_] , and [_LESSOR_2_] , whose Tax Identification
Number is [_TIN_2_] , husband and wife domiciled in
[_Lessor_Parish_] , whose present mailing address is
[_Lessor_Address_] , hereinafter jointly called "LESSOR";
and
[_LESSEE_] , whose Tax Identification Number is [_TIN_3_] ,
a Louisiana corporation domiciled and having its
principal place of business at [_Lessee_Address_] ,
represented herein by [_AGENT_] , its [_Office_] duly
authorized by resolution attached hereto; hereinafter
called "LESSEE";
who have mutually covenanted and agreed as follows:
l. LEASE : LESSOR hereby leases to LESSEE to occupy and
use the following described property:
[_Property_Description_]
The property conveyed herein has as its address
[_Prop_Address_] .
2. TERM : The original term of this lease shall be from
[_Begin_Date_] to [_End_Date_] . At the end of the original
term of this lease, if LESSEE has given thirty days' written
notice prior thereto to LESSOR at the address shown above,
LESSEE shall have the option to renew the lease for an
additional term of [_Renewal_] years at the same rental and
under the same terms provided in this lease, provided that
LESSEE shall have no right to renew if LESSEE is in default
under the terms of this lease.
3. RIGHT OF REFUSAL : In the event that LESSEE is not in
default at the termination of this lease or any renewal or
extension thereof, for a period of six months thereafter
LESSOR shall not have the right to lease the premises
described above or any part thereof to any other party until
LESSOR has offered the same to LESSEE on the same terms as the
proposed lease to the other party, and LESSEE has either (a)
declined said offer, or (b) failed to respond to the offer
within ten days of the offer having been mailed to LESSEE at
the address shown above.
In the event that LESSEE is not in default at the
termination of this lease or any renewal or extension thereof,
for a period of six months thereafter LESSOR shall not have
the right to sell the premises described above or any part
thereof to any other party until LESSOR has offered the same
to LESSEE on the same terms as the proposed sale to the other
party, and LESSEE has either (a) declined said offer, or (b)
failed to respond to the offer within ten days of the offer
having been mailed to LESSEE at the address shown above.
4. RENTAL : As rental for the premises LESSEE agrees to
pay a monthly rental of [_$Rent_] payable in advance on the
[_Due_Date_] day of each month, beginning [_Begin_Date_] .
Should LESSEE fail to pay the rent within ten days of the due
date, there shall also be due a late charge equal to 10% of
the rent due for that month. No rent payment shall be
considered delinquent and subject to a late charge if it is
mailed postage prepaid to the LESSOR's address given above
within ten days of the date due.
5. USE : LESSEE is obligated not to use the premises for
any purpose that is unlawful, and the violation of any law by
LESSEE shall be a justifiable cause for cancellation of this
lease by LESSOR, at LESSOR'S option.
6. WARRANTY : LESSOR warrants that LESSOR is the owner
of the premises and has the right to give LESSEE possession
under this lease, and will, so long as this lease remains in
effect, warrant and defend LESSEE'S possession against any and
all persons.
7. REPAIRS AND MAINTENANCE : LESSOR warrants that the
leased premises are in good condition. LESSEE agrees to keep
the premises in good condition during the term of the lease at
LESSEE's expense and to return them to LESSOR in the same
condition at the termination of the lease, normal decay, wear
and tear excepted.
LESSOR's obligation to repair shall be limited to
necessary repairs to the roof, structure, plumbing, electrical
and mechanical systems of the improvements, and only to the
extent that the repairs exceed [_$Repairs_] in cost and do not
arise out of the negligence of LESSEE or LESSEE's agents,
employees or licensees.
Should LESSEE fail to make such repairs as it is
obligated to make hereunder, LESSOR may, at LESSOR'S option,
have the repairs made and LESSEE agrees to reimburse LESSOR
for the cost.
LESSEE agrees not to permit the presence, use, disposal,
storage or release of any hazardous substances upon the leased
premises during the term of this lease.
8. TAXES AND UTILITY CHARGES : LESSEE agrees to pay
punctually all charges for gas, electricity, telephone, water,
and cable services, or any other utilities used or consumed at
the leased premises during the term of this lease. LESSOR
agrees to pay punctually all ad valorem taxes and assessments
due on the leased premises during the term of this lease.
9. INDEMNIFICATION : LESSEE shall occupy the leased
premises at its own risk and shall indemnify LESSOR against
any expense, loss, cost, damage, claim, action or liability
paid, suffered or incurred as a result of any breach by
LESSEE, LESSEE's agent, servants, employees, customers,
visitors or licensees of any covenant or condition of this
lease, or as a result of LESSEE'S use or occupancy of the
leased premises or the carelessness, negligence or improper
conduct of LESSEE, its agents, servants, employees, customers,
visitors or licensees. LESSEE agrees to obtain and maintain
liability insurance with [_$Limits_] limits, and to have
LESSOR named as an additional insured on said policy or
policies.
10. ADDITIONS AND ALTERATIONS : Neither LESSOR nor
LESSEE shall make any additions or alterations to the premises
without written permission of the other. However, LESSOR or
LESSOR'S agents shall have the right to enter the premises for
the purposes of making repairs necessary for the preservation
of the property. Any additions made to the premises become
the property of LESSOR at the termination of this lease.
11. ACCESS : In the event of LESSEE vacating the
premises, LESSOR shall be notified in writing where the keys
may be had in order that the premises may be inspected or
shown to prospective tenants or purchasers as provided below.
12. SURRENDER OF POSSESSION : At the expiration of this
lease or at its termination for other causes, LESSEE is to
immediately surrender possession by actual delivery of all
keys to LESSOR.
13. ABANDONMENT : Should the premises be abandoned by
LESSEE or should LESSEE begin to remove personal property to
the detriment of LESSOR'S lien, then the rent for the
unexpired term, with reasonable attorney's fees, shall
immediately become due, and LESSOR, at LESSOR'S option, may
cancel the lease or re-enter and let the premises for such
price or on such terms as may be immediately obtainable, and
apply the net amount realized to the amount due by LESSEE.
14. DEFAULT : Should the LESSEE fail to pay the rent or
any other charges arising under this lease promptly as
stipulated; or should voluntary or involuntary bankruptcy
proceedings be commenced by or against LESSEE; or should
LESSEE make an assignment for benefit of creditors; then, in
any of the said events, LESSEE shall be ipso facto in default
and LESSOR may demand the rent for the whole unexpired term of
the lease, or proceed one or more times for past due
installments without prejudicing LESSOR's rights to proceed
later for the rent for the then unexpired term.
15. DEPOSIT : As security for LESSEE's obligations under
this lease, including the obligation to timely pay rent, the
obligation to maintain the premises and the obligation to
deliver the premises clean at the expiration of the lease,
LESSEE deposits with LESSOR the sum of [_$Deposit_] as a
damage and default deposit.
16. ATTORNEY'S FEES : If an attorney is employed to
protect any right of LESSOR or LESSEE arising under this
lease, the party whose fault necessitates such employment
shall pay reasonable attorney's fees to the other.
17. OBLIGATION NOT TO COMPETE : LESSOR agrees not to
operate a [_business_type_] within one mile of the leased
premises.
18. SUBLEASE : LESSEE may not sublease or assign this
lease without written approval of LESSOR.
19. SUPERIOR MORTGAGE : In the event that LESSOR is in
default on any obligation secured by a mortgage superior in
rank to this lease, LESSEE shall have the right to make
payments sufficient to cure the default and/or make the
payments due under the mortgage obligation, and to deduct the
same from the rent due to LESSOR.
THUS DONE AND PASSED on [_Date_] at [_City_Parish_] ,
State of Louisiana, the undersigned parties having affixed
their signatures in the presence of me, Notary, and the
undersigned witnesses, after due reading of the whole.
WITNESSES:
_____________________ __________________________
[_LESSOR_1_]
_____________________ __________________________
[_LESSOR_2_]
[_LESSEE_]
BY: _____________________
[_AGENT_]
[_Office_]
__________________________________
[_NOTARY_] , NOTARY PUBLIC
* * * * * * * * * *
COMMERCIAL LEASE : This is a lease of immovable property for
commercial purposes, with a fixed monthly rent and a renewal
option and rights of refusal in favor of the lessee. The
lease also contains an obligation not to compete and a
provision dealing with payment of rent after lessor's default
on a superior mortgage obligation. CAVEAT : CC 2628 limits the
term of a Right of First Refusal.
WORD KEY EXPLANATION
[_PARISH_] Parish in which lease is
executed.
[_LESSOR_1_] Name of first lessor. Names of
lessors should be consistent with
their acquisitions of the leased
premises. For alternate
appearances, see document
Appearances - F1AAPP1.
[_TIN_1_] Tax Identification Number of
first lessor.
[_LESSOR_2_] Name of second lessor.
[_TIN_2_] Tax Identification Number of
second lessor.
[_Lessor_Parish_] Parish of lessors' domicile.
[_Lessor_Address_] Mailing address of lessors.
[_LESSEE_] Name of lessee. For alternate
appearances, see document
Appearances - F1AAPP1.
[_TIN_3_] Tax Identification Number of
lessee.
[_Lessee_Address_] Address of principal place of
business of lessee.
[_AGENT_] Name of person appearing for
lessee.
[_Office_] Office held by person appearing
for lessee.
[_Property_Description_] Description of leased premises,
with acquisition clause.
[_Prop_Address_] Municipal number or address of
the property leased.
[_Begin_Date_] Date on which lease is to begin.
[_End_Date_] Date on which lease is to end.
[_Renewal_] Renewal term in years.
[_$Rent_] Rent due per month (with $).
[_Due_Date_] Day of each month on which rent
is due.
[_$Repairs_] Repairs provided by lessee (with
$).
[_$Limits_] Liability policy limits agreed
upon (with $).
[_$Deposit_] Amount of damage and security
deposit (with $).
[_business_type_] Describe business(es) that lessor
agrees not to engage in.
[_Date_] Date on which lease executed.
[_City_Parish_] City and Parish in which lease
executed.
[_NOTARY_] Notary before whom lease is
executed.
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