Louisiana Apartment Lease
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APARTMENT LEASE PARTIES & PREMISES. MOTHER OF PEARL, LLC, (hereinafter, Lessor ) hereby leases to the undersigned (hereinafter, whether one or more, Lessee ) for use by Lessee only as Lessee s private residence, the following described property: J F 7442 Pearl Street, New Orleans, Louisiana (downstairs unit) 7444 Pearl Street, New Orleans, Louisiana (upstairs unit)
TERM. The term of this lease commences the 1st day of August, 2010, and ends on the last calendar day of July, 2011. If either Lessee or Lessor desires that this lease terminate at the expiration of its initial or any subsequent term, that party must give to the other written notice at least 60 daysbefore the Lease term expires. Failure of either party to give this required notice will automatically renew this lease and all of its terms for an additional twelve-month term. This provision is a continuing one and will apply at the expiration of the original term and at the expiration of each subsequent one, such that the lease will automatically renew for an additional twelve-month term, until terminated. RENTAL. This lease is made for and in consideration of a monthly rental of $2,500.00 per month payable in advance on or before the 1st day of each month to Mother of Pearl, LLC, and deliveredtoOne Shell Square Suite 3600, 701 Poydras Street, New Orleans, Louisiana 70139, or such other place as Lessor may from time to time designate. If the rent is paid in full by the fifth day of the month, Lessee shall be entitled to a deduction of $200.00 per month, or a net rental each month, when timely paid, of $2,400.00. If Lessee pays by check and the check is not honored upon presentation for any reason whatsoever, then Lessee shall pay an additional sum of $25.00 as a penalty. This penalty provision is not to be considered a waiver or relinquishment of any other right or remedy to which Lessor may be otherwise entitled. SECURITY DEPOSIT. Contemporaneously with the execution hereof, Lessor has received the sum of $2,400.00 as security for the full and faithful performance by Lessee of all Lessee s obligations under this Lease. Lessee does not have the right to cancel this Lease or avoid obligations hereunder by forfeiting the security deposit. This deposit, which is non-interest bearing, is not advance rental, and Lessee may not deduct any portion of the security deposit from rent due to Lessor. This security also is not to be considered liquidated damages. Although Lessee forfeits the right to return of Lessee s security deposit if Lessee fails to fully and faithfully perform all of Lessee s obligations under this Lease, Lessor s remedies are cumulative, and such forfeiture is in addition to Lessor s other rights andremedies, all of which Lessor expressly reserves and retains. The person from whom Lessor receives the security deposit will be entitled to its return in accordance with Lessor s separate Security Deposit Receipt. At commencement of the initial Lease term, Lessor will deliver the premises broom clean and free of trash. Lessee agrees to return the Leased Premises in this condition when this Lease terminates. Lessee agrees to pay either Lessor s actual cost for cleaning the Leased Premises or, at Lessor s option, the following charges as applicable: Mopping and Broom Cleaning Apartment: $65.00, Cleaning Stove and Oven: $35.00 ea., Cleaning Refrigerator: $35.00. In the event of damage to the Leased Premises, fixtures, or finishes therein, or the property within which the Leased Premises are located, reasonable wear and tear excepted, caused by Lessee or any person whose presence on or about the Leased Premises is attributable to Lessee, then Lessee agrees to pay Lessor upon demand the full amount necessary to repair or replace as necessary to fully remedy such damage. Lessor will be entitled to deduct from the security deposit sums sufficient to compensate Lessor for the cost of repair or replacement of items damaged, lost, or missing at the termination of thisLease. Lessor may also deduct sums sufficient to offset any other amounts owed to Lessor for damage or loss occurring before termination of thisLease. In the event that the amounts owed to Lessor exceed the amount of the security deposit, then Lessee agrees to pay promptly such amount upon demand. In the event there has been a forfeiture of the security deposit, charges for damages and cleaning shall be paid in addition to the amount of the security deposit. Notwithstanding any other provisions expressed or implied herein, it is specifically understood and agreed that the entire security deposit shall be automatically forfeited as liquidated damages if Lessee vacates or abandons the premises before the expiration of this Lease, except if such abandonment occurs during the last month of the term of thisLease and Lessee has paid all rent covering the entire term, and either party has given the other timely written notice that this Lease will not renewed under its automatic renewal provisions. OCCUPANTS. The Leased Premises shall be occupied by the undersigned Lessee and may also be occupied by the spouse, children, and immediate family members of any of them, and/or including the following persons:
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PETS.Except as may be permitted by a separate Pet Addendum to this Lease, no pets are allowed on or about the Leased Premises at any time. SUB-LEASE. Lessee is not permitted to rent or sub-let or grant use or possession of the Leased Premises to any other person without the written consent of Lessor, and then only in accordance with the terms of this Lease. Should Lessee desire to sub-let and wish to post any rent signs, permission must be obtained in writing through Lessor or its agent and such sublease shall be handled by Lessor or Lessor s agent at expense of the Lessee. EVENTS OF DEFAULT. If Lessee fails to pay when due the rent or any other charges due under this Lease, or abandons the Leased Premises ( abandoned being agreed to mean an absence of Lessee from the Leased Premises for ten (10) consecutive days, or five (5) consecutive days after rentals have become delinquent, shall create a conclusive presumption of abandonment), or should Lessee begin to remove furniture of any substantial portion of Lessee s personal property to the detriment of the Lessor s lien, or should voluntary or involuntary bankruptcy proceedings be commenced by or against Lessee, or should Lessee make an assignment for the benefit of creditors, then in any of said events, Lessee shall be ipso facto in default, and Lessor shall have the option to demand the rent for the whole unexpired term of the lease, together with Lessor s attorney s fees and costs, shall immediately become due. Nevertheless, Lessor may proceed one or more times for past due amounts without prejudicing its right to proceed later for the rent for the remaining term of the Lease. Similarly, in the event of any such default Lessor retains the option to cancel Lessee s right of occupancy under thisLease and obtain possession of the Leased Premises by giving Lessee written notice to vacate the premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure, except that Lessee waives his right of notice as described in the Waiver of Notice section contained herein. In the event of such cancellation and eviction, Lessee is obligated to pay any and all rent due and owing through the effective date of Lessor s terminating this lease or the last day the premises are occupied, whichever is later. If Lessee at anytime uses the Leased Premises or any portion thereof for an illegal or unlawful purpose, or commits or permits or tolerates the commission on or about the premises of any act made punishable by fine or imprisonment under the laws of the United States or the State of Louisiana, or any ordinance of the City of New Orleans, then remedies set forth in the preceding paragraph shall be available immediately without necessity of giving any written or any other form of notice to Lessee. OTHER VIOLATIONS AND NUISANCES. If the Lessee at any time violates any of the conditions of thisLease, other than the conditions provided for in the immediately proceeding paragraphs under the heading EVENTS OF DEFAULT or should the Lessee discontinue the use of the Leased Premises for the purposes for which they are rented, or fail to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other tenants at the property, or to the owners or occupants of neighboring property, such as being boisterous or disorderly, violating ordinances regulating uses of public rights of way, creating undue noise, disturbance, or nuisance of any nature or kind, engaging in any unlawful or immoral activities, or failure to abide by the rules and regulations as specified below, and should such violation either continue for a period of five (5) days after written notice has been given Lessee, which may be given by posting on Lessee s door, or should such violation occur again after written notice to cease and desist from such activity or disturbance, then Lessee shall be ipso facto in default, and Lessor shall have the option to demand the rent for the whole unexpired term of the lease, which shall at once become due and exigible, or to immediately cancel this Lease and obtain possession of the premises by giving Lessee written notice to vacate the Leased Premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure, except that the Lessee waives the right to notice as described in Waiver of Notice section contained herein. RULES AND REGULATIONS. Lessee acknowledges that Lessor may impose rules and regulations for the management, protection, and maintenance of the Leased Premises and the property of which it forms a part, which may be attached to this Lease or provided separately, but which in any case shall form binding part of this Lease. Lessee agrees to comply with all such rules and regulations and with all reasonable rules and regulations hereafter adopted by the Lessor and posted in or about the apartment building or property, or mailed or otherwise delivered to Lessee.
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WARRANTY. Lessor does not warrant that the condition of the Leased Premises satisfies any particular condition, quality, or suitability for any specific use. Lessee acknowledges having been provided the opportunity to inspect the Leased Premises and accepts them in their current condition and agrees to keep them in such condition during the term of thisLease at Lessee s expense and to return them to Lessor in the same condition at the termination of thisLease, normal decay, wear and tear excepted. The only exceptions to this are the repairs/improvements that Lessor specifically agrees to perform on the premises as may be outlined herein in an addendum titled Repairs/Improvements To Be Made. OCCUPANCY. Should Lessee be unable to obtain occupancy on the date of the beginning of this Lease due to causes beyond control of Lessor, this Lease shall not be affected thereby, except that Lessee will owe rent beginning only on the day when the Leased Premises are available for occupancy. The expiration of the Lease Term stated above shall not be extended by reason of such delay in occupancy. If the Leased Premises or the property of which it forms a part are destroyed or materially damaged so as to render the Leased Premises wholly unfit for occupancy, whether by fire or other casualty or unforeseen event that is not due to the neglect of Lessee, then Lessee shall be entitled to a credit for the rent through the unexpired term of thisLease. Lessee shall not be entitled to a reduction of the monthly rent or cancellation of this Lease because of a temporary failure of utility service, heat or air conditioning, or a prohibition imposed by acivil or governmental authority. ADDITIONS & ALTERATIONS. Neither Lessor nor Lessee shall make any addition or alterations to the Leased Premises without the written permission of the other, provided, however, Lessor, its agents, and employees shall have the right to enter the Leased Premises for the purpose of making repairs necessary to the preservation of the property of which the Leased Premises form a part. Any additions, alterations or improvements made by Lessee with or without consent of Lessor, no matter how attached, shall remain the property of Lessor at the termination of this lease, unless otherwise stipulated herein, and Lessee hereby expressly waives all right to compensation therefor. Lessor, at Lessor s option, may nevertheless require removal of any or all such additions, alterations, and improvements and the restoration of the Leased Premises to its original condition. INSURANCE. Lessee is obligated to put nothing in the Leased Premisesand not to do anything that would forfeit insurance coverage and if any installation is made or action is taken by the Lessee, whether authorized or unauthorized under this Lease, that increases the premiums for insurance on the building or contents as fixed by the Louisiana Fire Prevention Bureau, or any similar organization or successor regulatory scheme, then the Lessee shall pay such increased premium for insurance on the building and all contents. If the Lessee s occupancy renders the Lessor unable to secure property insurance, then Lessee hereby grants to Lessor the option of canceling this Lease, Lessee waiving all delays, and agreeing to surrender possession at once, if notified by Lessor to do so. Lessee is obligated to notify Lessor or Lessor s agent, in writing, any time the Leased Premises will be unoccupied, so that necessary vacancy permits may be obtained from Lessor s insurers, and failure to comply with this condition will make Lessee liable for any loss or damage sustained by Lessor. LIMITATIONS ON LESSOR S LIABILITY. If any agent or employee of Lessor renders any other services (such as parking, washing or delivery of automobiles, handling of furniture or other articles, cleaning the rented premises, package delivery, or any other service) for or at the request of a resident of the Leased Premises, family, employees or guests of them, then for the purpose of such service Lessor s agents and employees shall be deemed to be the servants of Lessee, regardless of whether or not payment is arranged for such service. Lessee agrees to relieve Lessor and hold Lessor harmless from any and all liability in connection with such services. The Lessor shall not be liable to Lessee, or to Lessee s employees, patrons or visitors, or to any other person for any damage to person or property caused by an act, omission or neglect of Lessee or any other tenant at the property, and Lessee agrees to hold Lessor harmless from all claims for any such damage, whether that occurs on, off, or about the Leased Premises. Lessee assumes responsibility for the condition of the premises. Lessor will not be responsible for damage caused by leaks in the roof, by bursting of pipes resulting from freezing or otherwise, or any vices or defects of the property of which the Leased Premises form a part, or the consequences thereof, except in case of Lessor s positive neglect or failure to take action toward the remedying of such defects and the damage caused thereby after receiving notice of the condition. Lessee agrees to promptly notify Lessor of any breakage, defect, circumstance, and material change in the condition of the Leased Premises and Lessor s adjacent property, that appears to require repair, corrective or protective action to preserve Lessor s property. Should Lessee fail to immediately so notify Lessor, in writing, of any such defects, Lessee shall become responsible for any damage resulting to Lessor or other parties. In any case, Lessee hereby releases, indemnifies and agrees to hold harmless the Lessor for any damage, loss, or injury to all persons or property arising out of this Lease, or the
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condition, use and occupancy of the property, except for Lessor s gross negligence. Lessee further releases Lessor s agent and sub-agents from the same liabilities as stated herein. SIGNS & ACCESS. Lessor reserves the right to post on the premises For Sale or For Rent signs at any time. Lessee will allow parties in view of buying the Leased Premises authorized by Lessor to visit the premises during the term of this Lease at reasonable hours, and parties in view of renting the Leased Premises during the 60 days prior to the expiration of this Lease. Lessee will also permit Lessor to inspect the Leased Premises upon request between the hours of 8:00 A.M. to 8:00 P.M. during the term of this Lease. ATTORNEY S FEES. Lessee further agrees that upon the occurrence of an event of default, or if an attorney at law is employed to protect any rights of the Lessor hereunder, Lessee will pay the fee of such attorney. The minimum fee for such attorney is hereby fixed at twenty-five (25%) percent of the amount claimed or sought to be protected or $750.00, whichever is greater. Lessee further agrees to pay all court costs and sheriff s charges and other expenses incurred by such attorney, if any. LESSEE S WAIVER OF NOTICE. Upon termination of the right of occupancy for any reason, Lessee hereby expressly waives notice to vacate premises prior to institution of eviction proceedings in accordance with La. C.C.P. Article 4701 and La. C.C.P. Article 2713. NOTICES. All notices required under the terms of this lease shall be in writing and by certified mail, return receipt requested, addressed to Lessee at the herein Leased Premises or to Lessor at the address for payment of rent appearing in this lease. Notice, whether or not received, shall be deemed given three days after such mailing. Notices also may be given, in writing, by hand delivery. PUBLIC RECORDATION PROHIBITED. This lease shall not be recorded in the mortgage or conveyance of any parish. Lessee expressly agrees that in the event this lease is recorded, Lessee irrevocably consents to cancellation of its inscription and agrees to bear any expense necessary to accomplish its cancellation, including Lessor s attorney s fees and costs. Whether or not recorded, this lease shall in any event be junior and subordinate to any mortgage hereafter placed by the Lessor on the entire property of which the Leased Premises form a part. Upon request, Lessee agrees to execute promptly any additional document requested by Lessor to give effect to the provisions contained in this paragraph. Lessee waives any rights and causes of action that Lessee may have against Lessor for any loss sustained as a result of a conveyance by Lessor of the entire property of which the Leased Premises form a part to a third party and any subsequent termination of this Lease by such third party. NONWAIVER. The failure of Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, whether one or more times, shall not constitute nor be construed as a waiver or relinquishment of the Lessor s right thereafter to enforce any such terms, covenant, agreement or condition, but the same shall continue in full force and effect. GENDER & NUMBER. It is understood that the terms Lessor and Lessee as used in this agreement shall include the plural and shall apply to persons, both male and female. All obligations of Lessee are several and in solido. VENUE &CHOICE OF LAW. This lease shall be deemed to have been executed at New Orleans, Louisiana. The parties to this lease understand and agree that the provisions herein shall, between them, have the effect of law; but with respect to any matter not provided herein, this Lease shall be governed by the ordinances of the City of New Orleans and the laws of the State of Louisiana. EFFECTIVE DATE. This lease shall be deemed for all purposes to have been executed at New Orleans, Louisiana, fully effective against any Lessee upon signature by such Lessee, and shall not be construed to have delayed effectiveness by reason of the failure of any person to sign as Lessee. LESSOR S REGULATIONS.Lessor will provide a stove, dishwasher, refrigerator, clothes washer and dryer. Lessee is responsible for full payment of all separately metered utilities and for an equitable share of utilities that may be shared with others. No holes may be drilled in the walls, woodwork, or floors, and no antenna installations are permitted. No painting or papering of walls is permitted without prior approval of Lessor. No waterbeds are allowed. This lease does not include exclusive use of the driveway. If paid by check, monthly rental payments shall be made with only one check. Lessee shall refrain from leaving trash and rubbish about the common areas of the property of which the Leased Premises form a part and at all times shall maintain the porches adjacent to the apartment in a clean and neat condition, broom clean and free of trash and rubbish.No foil is allowed in the windows, and Lessee may not decorate or adorn the Leased Premises in
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any manner that is visible from the exterior. No auction sales, or any sales of furniture, fixtures, etc., shall be conducted on the premises without the written consent of the Lessor. Lessee is responsible for replacement of the air conditioning filters monthly, light bulbs, and similar consumables as necessary. LESSOR: MOTHER OF PEARL, L.L.C.
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LESSEE(S):
____________________________________________ Lessor s agent and attorney-in-fact Date
____________________________________________ Name: Date
____________________________________________ Name: Date
____________________________________________ Name: Date
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APARTMENT LEASE PARTIES & PREMISES. MOTHER OF PEARL, LLC, (hereinafter, Lessor ) hereby leases to the undersigned (hereinafter, whether one or more, Lessee ) for use by Lessee only as Lessee s private residence, the following described property: J F 7442 Pearl Street, New Orleans, Louisiana (downstairs unit) 7444 Pearl Street, New Orleans, Louisiana (upstairs unit)
TERM. The term of this lease commences the 1st day of August, 2010, and ends on the last calendar day of July, 2011. If either Lessee or Lessor desires that this lease terminate at the expiration of its initial or any subsequent term, that party must give to the other written notice at least 60 daysbefore the Lease term expires. Failure of either party to give this required notice will automatically renew this lease and all of its terms for an additional twelve-month term. This provision is a continuing one and will apply at the expiration of the original term and at the expiration of each subsequent one, such that the lease will automatically renew for an additional twelve-month term, until terminated. RENTAL. This lease is made for and in consideration of a monthly rental of $2,500.00 per month payable in advance on or before the 1st day of each month to Mother of Pearl, LLC, and deliveredtoOne Shell Square Suite 3600, 701 Poydras Street, New Orleans, Louisiana 70139, or such other place as Lessor may from time to time designate. If the rent is paid in full by the fifth day of the month, Lessee shall be entitled to a deduction of $200.00 per month, or a net rental each month, when timely paid, of $2,400.00. If Lessee pays by check and the check is not honored upon presentation for any reason whatsoever, then Lessee shall pay an additional sum of $25.00 as a penalty. This penalty provision is not to be considered a waiver or relinquishment of any other right or remedy to which Lessor may be otherwise entitled. SECURITY DEPOSIT. Contemporaneously with the execution hereof, Lessor has received the sum of $2,400.00 as security for the full and faithful performance by Lessee of all Lessee s obligations under this Lease. Lessee does not have the right to cancel this Lease or avoid obligations hereunder by forfeiting the security deposit. This deposit, which is non-interest bearing, is not advance rental, and Lessee may not deduct any portion of the security deposit from rent due to Lessor. This security also is not to be considered liquidated damages. Although Lessee forfeits the right to return of Lessee s security deposit if Lessee fails to fully and faithfully perform all of Lessee s obligations under this Lease, Lessor s remedies are cumulative, and such forfeiture is in addition to Lessor s other rights andremedies, all of which Lessor expressly reserves and retains. The person from whom Lessor receives the security deposit will be entitled to its return in accordance with Lessor s separate Security Deposit Receipt. At commencement of the initial Lease term, Lessor will deliver the premises broom clean and free of trash. Lessee agrees to return the Leased Premises in this condition when this Lease terminates. Lessee agrees to pay either Lessor s actual cost for cleaning the Leased Premises or, at Lessor s option, the following charges as applicable: Mopping and Broom Cleaning Apartment: $65.00, Cleaning Stove and Oven: $35.00 ea., Cleaning Refrigerator: $35.00. In the event of damage to the Leased Premises, fixtures, or finishes therein, or the property within which the Leased Premises are located, reasonable wear and tear excepted, caused by Lessee or any person whose presence on or about the Leased Premises is attributable to Lessee, then Lessee agrees to pay Lessor upon demand the full amount necessary to repair or replace as necessary to fully remedy such damage. Lessor will be entitled to deduct from the security deposit sums sufficient to compensate Lessor for the cost of repair or replacement of items damaged, lost, or missing at the termination of thisLease. Lessor may also deduct sums sufficient to offset any other amounts owed to Lessor for damage or loss occurring before termination of thisLease. In the event that the amounts owed to Lessor exceed the amount of the security deposit, then Lessee agrees to pay promptly such amount upon demand. In the event there has been a forfeiture of the security deposit, charges for damages and cleaning shall be paid in addition to the amount of the security deposit. Notwithstanding any other provisions expressed or implied herein, it is specifically understood and agreed that the entire security deposit shall be automatically forfeited as liquidated damages if Lessee vacates or abandons the premises before the expiration of this Lease, except if such abandonment occurs during the last month of the term of thisLease and Lessee has paid all rent covering the entire term, and either party has given the other timely written notice that this Lease will not renewed under its automatic renewal provisions. OCCUPANTS. The Leased Premises shall be occupied by the undersigned Lessee and may also be occupied by the spouse, children, and immediate family members of any of them, and/or including the following persons:
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PETS.Except as may be permitted by a separate Pet Addendum to this Lease, no pets are allowed on or about the Leased Premises at any time. SUB-LEASE. Lessee is not permitted to rent or sub-let or grant use or possession of the Leased Premises to any other person without the written consent of Lessor, and then only in accordance with the terms of this Lease. Should Lessee desire to sub-let and wish to post any rent signs, permission must be obtained in writing through Lessor or its agent and such sublease shall be handled by Lessor or Lessor s agent at expense of the Lessee. EVENTS OF DEFAULT. If Lessee fails to pay when due the rent or any other charges due under this Lease, or abandons the Leased Premises ( abandoned being agreed to mean an absence of Lessee from the Leased Premises for ten (10) consecutive days, or five (5) consecutive days after rentals have become delinquent, shall create a conclusive presumption of abandonment), or should Lessee begin to remove furniture of any substantial portion of Lessee s personal property to the detriment of the Lessor s lien, or should voluntary or involuntary bankruptcy proceedings be commenced by or against Lessee, or should Lessee make an assignment for the benefit of creditors, then in any of said events, Lessee shall be ipso facto in default, and Lessor shall have the option to demand the rent for the whole unexpired term of the lease, together with Lessor s attorney s fees and costs, shall immediately become due. Nevertheless, Lessor may proceed one or more times for past due amounts without prejudicing its right to proceed later for the rent for the remaining term of the Lease. Similarly, in the event of any such default Lessor retains the option to cancel Lessee s right of occupancy under thisLease and obtain possession of the Leased Premises by giving Lessee written notice to vacate the premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure, except that Lessee waives his right of notice as described in the Waiver of Notice section contained herein. In the event of such cancellation and eviction, Lessee is obligated to pay any and all rent due and owing through the effective date of Lessor s terminating this lease or the last day the premises are occupied, whichever is later. If Lessee at anytime uses the Leased Premises or any portion thereof for an illegal or unlawful purpose, or commits or permits or tolerates the commission on or about the premises of any act made punishable by fine or imprisonment under the laws of the United States or the State of Louisiana, or any ordinance of the City of New Orleans, then remedies set forth in the preceding paragraph shall be available immediately without necessity of giving any written or any other form of notice to Lessee. OTHER VIOLATIONS AND NUISANCES. If the Lessee at any time violates any of the conditions of thisLease, other than the conditions provided for in the immediately proceeding paragraphs under the heading EVENTS OF DEFAULT or should the Lessee discontinue the use of the Leased Premises for the purposes for which they are rented, or fail to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet to the other tenants at the property, or to the owners or occupants of neighboring property, such as being boisterous or disorderly, violating ordinances regulating uses of public rights of way, creating undue noise, disturbance, or nuisance of any nature or kind, engaging in any unlawful or immoral activities, or failure to abide by the rules and regulations as specified below, and should such violation either continue for a period of five (5) days after written notice has been given Lessee, which may be given by posting on Lessee s door, or should such violation occur again after written notice to cease and desist from such activity or disturbance, then Lessee shall be ipso facto in default, and Lessor shall have the option to demand the rent for the whole unexpired term of the lease, which shall at once become due and exigible, or to immediately cancel this Lease and obtain possession of the premises by giving Lessee written notice to vacate the Leased Premises in accordance with the provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure, except that the Lessee waives the right to notice as described in Waiver of Notice section contained herein. RULES AND REGULATIONS. Lessee acknowledges that Lessor may impose rules and regulations for the management, protection, and maintenance of the Leased Premises and the property of which it forms a part, which may be attached to this Lease or provided separately, but which in any case shall form binding part of this Lease. Lessee agrees to comply with all such rules and regulations and with all reasonable rules and regulations hereafter adopted by the Lessor and posted in or about the apartment building or property, or mailed or otherwise delivered to Lessee.
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WARRANTY. Lessor does not warrant that the condition of the Leased Premises satisfies any particular condition, quality, or suitability for any specific use. Lessee acknowledges having been provided the opportunity to inspect the Leased Premises and accepts them in their current condition and agrees to keep them in such condition during the term of thisLease at Lessee s expense and to return them to Lessor in the same condition at the termination of thisLease, normal decay, wear and tear excepted. The only exceptions to this are the repairs/improvements that Lessor specifically agrees to perform on the premises as may be outlined herein in an addendum titled Repairs/Improvements To Be Made. OCCUPANCY. Should Lessee be unable to obtain occupancy on the date of the beginning of this Lease due to causes beyond control of Lessor, this Lease shall not be affected thereby, except that Lessee will owe rent beginning only on the day when the Leased Premises are available for occupancy. The expiration of the Lease Term stated above shall not be extended by reason of such delay in occupancy. If the Leased Premises or the property of which it forms a part are destroyed or materially damaged so as to render the Leased Premises wholly unfit for occupancy, whether by fire or other casualty or unforeseen event that is not due to the neglect of Lessee, then Lessee shall be entitled to a credit for the rent through the unexpired term of thisLease. Lessee shall not be entitled to a reduction of the monthly rent or cancellation of this Lease because of a temporary failure of utility service, heat or air conditioning, or a prohibition imposed by acivil or governmental authority. ADDITIONS & ALTERATIONS. Neither Lessor nor Lessee shall make any addition or alterations to the Leased Premises without the written permission of the other, provided, however, Lessor, its agents, and employees shall have the right to enter the Leased Premises for the purpose of making repairs necessary to the preservation of the property of which the Leased Premises form a part. Any additions, alterations or improvements made by Lessee with or without consent of Lessor, no matter how attached, shall remain the property of Lessor at the termination of this lease, unless otherwise stipulated herein, and Lessee hereby expressly waives all right to compensation therefor. Lessor, at Lessor s option, may nevertheless require removal of any or all such additions, alterations, and improvements and the restoration of the Leased Premises to its original condition. INSURANCE. Lessee is obligated to put nothing in the Leased Premisesand not to do anything that would forfeit insurance coverage and if any installation is made or action is taken by the Lessee, whether authorized or unauthorized under this Lease, that increases the premiums for insurance on the building or contents as fixed by the Louisiana Fire Prevention Bureau, or any similar organization or successor regulatory scheme, then the Lessee shall pay such increased premium for insurance on the building and all contents. If the Lessee s occupancy renders the Lessor unable to secure property insurance, then Lessee hereby grants to Lessor the option of canceling this Lease, Lessee waiving all delays, and agreeing to surrender possession at once, if notified by Lessor to do so. Lessee is obligated to notify Lessor or Lessor s agent, in writing, any time the Leased Premises will be unoccupied, so that necessary vacancy permits may be obtained from Lessor s insurers, and failure to comply with this condition will make Lessee liable for any loss or damage sustained by Lessor. LIMITATIONS ON LESSOR S LIABILITY. If any agent or employee of Lessor renders any other services (such as parking, washing or delivery of automobiles, handling of furniture or other articles, cleaning the rented premises, package delivery, or any other service) for or at the request of a resident of the Leased Premises, family, employees or guests of them, then for the purpose of such service Lessor s agents and employees shall be deemed to be the servants of Lessee, regardless of whether or not payment is arranged for such service. Lessee agrees to relieve Lessor and hold Lessor harmless from any and all liability in connection with such services. The Lessor shall not be liable to Lessee, or to Lessee s employees, patrons or visitors, or to any other person for any damage to person or property caused by an act, omission or neglect of Lessee or any other tenant at the property, and Lessee agrees to hold Lessor harmless from all claims for any such damage, whether that occurs on, off, or about the Leased Premises. Lessee assumes responsibility for the condition of the premises. Lessor will not be responsible for damage caused by leaks in the roof, by bursting of pipes resulting from freezing or otherwise, or any vices or defects of the property of which the Leased Premises form a part, or the consequences thereof, except in case of Lessor s positive neglect or failure to take action toward the remedying of such defects and the damage caused thereby after receiving notice of the condition. Lessee agrees to promptly notify Lessor of any breakage, defect, circumstance, and material change in the condition of the Leased Premises and Lessor s adjacent property, that appears to require repair, corrective or protective action to preserve Lessor s property. Should Lessee fail to immediately so notify Lessor, in writing, of any such defects, Lessee shall become responsible for any damage resulting to Lessor or other parties. In any case, Lessee hereby releases, indemnifies and agrees to hold harmless the Lessor for any damage, loss, or injury to all persons or property arising out of this Lease, or the
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condition, use and occupancy of the property, except for Lessor s gross negligence. Lessee further releases Lessor s agent and sub-agents from the same liabilities as stated herein. SIGNS & ACCESS. Lessor reserves the right to post on the premises For Sale or For Rent signs at any time. Lessee will allow parties in view of buying the Leased Premises authorized by Lessor to visit the premises during the term of this Lease at reasonable hours, and parties in view of renting the Leased Premises during the 60 days prior to the expiration of this Lease. Lessee will also permit Lessor to inspect the Leased Premises upon request between the hours of 8:00 A.M. to 8:00 P.M. during the term of this Lease. ATTORNEY S FEES. Lessee further agrees that upon the occurrence of an event of default, or if an attorney at law is employed to protect any rights of the Lessor hereunder, Lessee will pay the fee of such attorney. The minimum fee for such attorney is hereby fixed at twenty-five (25%) percent of the amount claimed or sought to be protected or $750.00, whichever is greater. Lessee further agrees to pay all court costs and sheriff s charges and other expenses incurred by such attorney, if any. LESSEE S WAIVER OF NOTICE. Upon termination of the right of occupancy for any reason, Lessee hereby expressly waives notice to vacate premises prior to institution of eviction proceedings in accordance with La. C.C.P. Article 4701 and La. C.C.P. Article 2713. NOTICES. All notices required under the terms of this lease shall be in writing and by certified mail, return receipt requested, addressed to Lessee at the herein Leased Premises or to Lessor at the address for payment of rent appearing in this lease. Notice, whether or not received, shall be deemed given three days after such mailing. Notices also may be given, in writing, by hand delivery. PUBLIC RECORDATION PROHIBITED. This lease shall not be recorded in the mortgage or conveyance of any parish. Lessee expressly agrees that in the event this lease is recorded, Lessee irrevocably consents to cancellation of its inscription and agrees to bear any expense necessary to accomplish its cancellation, including Lessor s attorney s fees and costs. Whether or not recorded, this lease shall in any event be junior and subordinate to any mortgage hereafter placed by the Lessor on the entire property of which the Leased Premises form a part. Upon request, Lessee agrees to execute promptly any additional document requested by Lessor to give effect to the provisions contained in this paragraph. Lessee waives any rights and causes of action that Lessee may have against Lessor for any loss sustained as a result of a conveyance by Lessor of the entire property of which the Leased Premises form a part to a third party and any subsequent termination of this Lease by such third party. NONWAIVER. The failure of Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, whether one or more times, shall not constitute nor be construed as a waiver or relinquishment of the Lessor s right thereafter to enforce any such terms, covenant, agreement or condition, but the same shall continue in full force and effect. GENDER & NUMBER. It is understood that the terms Lessor and Lessee as used in this agreement shall include the plural and shall apply to persons, both male and female. All obligations of Lessee are several and in solido. VENUE &CHOICE OF LAW. This lease shall be deemed to have been executed at New Orleans, Louisiana. The parties to this lease understand and agree that the provisions herein shall, between them, have the effect of law; but with respect to any matter not provided herein, this Lease shall be governed by the ordinances of the City of New Orleans and the laws of the State of Louisiana. EFFECTIVE DATE. This lease shall be deemed for all purposes to have been executed at New Orleans, Louisiana, fully effective against any Lessee upon signature by such Lessee, and shall not be construed to have delayed effectiveness by reason of the failure of any person to sign as Lessee. LESSOR S REGULATIONS.Lessor will provide a stove, dishwasher, refrigerator, clothes washer and dryer. Lessee is responsible for full payment of all separately metered utilities and for an equitable share of utilities that may be shared with others. No holes may be drilled in the walls, woodwork, or floors, and no antenna installations are permitted. No painting or papering of walls is permitted without prior approval of Lessor. No waterbeds are allowed. This lease does not include exclusive use of the driveway. If paid by check, monthly rental payments shall be made with only one check. Lessee shall refrain from leaving trash and rubbish about the common areas of the property of which the Leased Premises form a part and at all times shall maintain the porches adjacent to the apartment in a clean and neat condition, broom clean and free of trash and rubbish.No foil is allowed in the windows, and Lessee may not decorate or adorn the Leased Premises in
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any manner that is visible from the exterior. No auction sales, or any sales of furniture, fixtures, etc., shall be conducted on the premises without the written consent of the Lessor. Lessee is responsible for replacement of the air conditioning filters monthly, light bulbs, and similar consumables as necessary. LESSOR: MOTHER OF PEARL, L.L.C.
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LESSEE(S):
____________________________________________ Lessor s agent and attorney-in-fact Date
____________________________________________ Name: Date
____________________________________________ Name: Date
____________________________________________ Name: Date
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