Louisiana Commercial Lease: Types, Key Terms To Know, Costs

Reviewed for legal accuracy by Forest Hamilton JD

Quick Facts — Commercial Lease Lawyers

A Louisiana commercial lease is a contract between a tenant and a landlord that sets out the terms of the agreement. A commercial lease can be as short as one year or as long as 30 years, depending on the party’s needs and desires. The property owner typically receives rent payments from the tenant company on a monthly basis, while the renter receives the right to use certain areas of real estate in exchange for paying rent.

The terms of each Louisiana commercial lease will vary depending on whether it is an office lease or a retail lease. For example, an office lease may require the tenant to provide landscaping services around the building while a retail lease would not usually include this requirement.

Louisiana commercial leases typically include provisions regarding:

  • Rent payment due dates
  • Property taxes and insurance costs paid by either party
  • Maintenance responsibilities of both parties (like painting)
  • Move-out requirements if there is no longer any need for the space (e.g., if you sell your business)

Louisiana Commercial Landlord/Tenant Laws

  • Landlords need to include a lead paint disclosure statement in the agreement if the building was constructed before 1978. It is important for the tenant to know if this threat exists in the commercial property they rent.
  • The landlord must also mention the expenses of the utilities that will be paid by the tenant. This includes water, trash removal, sewage, phone, and internet services.

Commercial Leases: A Tenant's Perspective

  • Work with an attorney when preparing a commercial lease agreement.
  • Consider including a particular amount as a penalty for the early termination of a lease as negotiating favorable terms during the initial agreement is easy.
  • Negotiate the permission to sublease the rental property to another party for the remaining lease term.
  • Consider having a renewal provision, so that when the lease is renewed the rent increases to a percentage of the monthly lease payment amount.

Commercial Leases: A Landlord’s Perspective

  • Make sure you have an attorney to review the commercial lease agreement.
  • Insist on the landlord’s approval if the agreement has a sublease provision.
  • Have rental increases stated for a lease renewal so that the tenant can be your stable, long-term renter. This also helps reduce extended vacancies.
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Key Terms Related to Louisiana Commercial Lease

  • Lease Term

    The term of the lease is the length of time you will be renting the space. It is often expressed in months or years, such as "1 year," "2 months," or "3 years."

  • Security Deposit

    A sum of money held by the landlord to protect against damages caused by the tenant during their tenancy and/or unpaid rent or other charges due under the lease agreement.

  • Sublease Agreement

    An agreement between two parties in which one rents property from another party with an option to sublease some or all of that property to a third party.

  • Subordination Agreement

    An agreement between two parties in which one rents property from another party with an option to subordinate his interest in favor of another party at some later time and upon certain conditions specified in such agreement.

  • Tenant's Obligations

    Landlords have many duties and responsibilities under Louisiana law, but tenants also have some responsibilities, too — usually spelled out in a written lease agreement between landlord and tenant.

Conclusion

A Louisiana commercial lease should be drafted by an experienced attorney who has experience drafting these types of contracts. Looking for experts? Compare multiple free proposals from vetted lawyers and save 60% less than traditional law firms - start your job proposal here.

Frequently Asked Questions

How do I hire a lawyer to draft a commercial lease in Louisiana?

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Asked on Apr 17, 2023

What's the parking situation in a commercial lease?

I am currently in the process of signing a commercial lease for a retail store and I need to know the parking situation that is included in the lease. I have read through the lease and I'm not sure if the parking is included or if I have to arrange it myself. I need to know if I will be able to provide adequate parking for my customers and employees.

Diane D.

Answered Apr 18, 2023

The only way to answer this question is to have an attorney read the lease.

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What's the survival clause in a commercial lease?

I am looking to enter into a commercial lease for my new business. I am unfamiliar with the terms of a commercial lease, and am particularly interested in understanding the survival clause. This clause is important to me because I want to make sure I am fully aware of my rights and responsibilities as a tenant. I need to know what is expected of me should the lease be terminated prematurely.

Curt L.

Answered Apr 28, 2023

A survival clause is fairly standard in a lease. It extends the effectiveness of certain provisions, such as party representations, warranties, promises, and covenants beyond the expiration or termination of the lease, but not beyond the legally prescribed statute of limitations. For example, If you make a fraudulent representation in a 1-year lease, the other party to the lease who is damaged by your fraud could still sue you for that fraud even after the end of the 1-year lease.

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N'kia N.

Answered May 19, 2023

In North Carolina, commercial rent is commonly calculated as a set dollar amount per square foot. This dollar amount is usually based on factors like location, age, condition, accessibility, and amenities. However, there is no requirement for rent to be determined this way. Unlike a residential lease agreement, the terms of a commercial lease agreement can be almost anything that the parties mutually agree to. As a word of caution, in North Carolina, commercial tenants do not have the same degree of legal protections as residential tenants. For just one example, a tenant who wishes to terminate a commercial lease early may be responsible for the entire remainder of the rent unless the lease agreement says otherwise.

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Can the rent be increased during the lease term?

I am an entrepreneur who is looking to rent a commercial space for my business. I recently found a space that fits my needs and the landlord is offering a lease agreement. I am wondering if the rent can be increased during the lease term, as this could have a significant impact on my business. I understand that the lease agreement may contain provisions that allow for rent increases, but I would like to confirm this before signing the agreement.

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The lease agreement should specifically provide when and in what amount any rent increases would occur. Usually on a lease with a five year term, rent would increase yearly. If you have a build out credit, you may have free rent for a term if you pay for the build out. If it is a net lease, meaning you pay rent and, either taxes, insurance and/or common area maintenance, you would have a base rent plus the other fees that could increase during the initial lease term usually yearly, but it could be more than one time a year if the costs of these items increase. The rent would also likely increase yearly. If the lease is a gross lease, you will have one monthly rental payment that would increase (most likely) yearly.

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Asked on Apr 17, 2023

Can the tenant assign the lease to another business?

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Answered May 12, 2023

In Massachusetts, a commercial tenant can assign or sublet the unit to a third party - UNLESS there is a specific prohibition in the current lease. However, even if there is such a prohibition, it might still be worth speaking to the landlord about since it might be mutually beneficial.

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