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
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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."
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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.
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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.
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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.
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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.
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Meet some of our Louisiana Commercial Lease Lawyers
Paul M.
Transactional attorney and corporate in house counsel for 15 years. Draft all types of contracts and employment agreements.
Haroldo M.
A seasoned attorney dedicated to navigating complex legal issues and devising strategic solutions for my clients.
Leonid G.
I have been practicing law since 2018. I used to be a litigator at a nationwide practice before going in-house at a fintech company. I have experience drafting NDAs, SaaS contracts, service agreements, and stock purchase agreements.
July 21, 2020
Steven C.
Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.
June 21, 2021
Sean S.
I am an attorney with six years of experience drafting and negotiating a wide variety of business contracts, in industries including technology and software, finance, professional services, hospitality, and non-profits.
February 24, 2023
Candace M.
For over 20 years, as an attorney and real estate broker, Candace has used her passion for business and real estate to help her clients succeed as business owners, entrepreneurs Realtors, and real estate investors. She and her team go above and beyond to simplify and solve those issues which trouble her clients. From the simple to the complex, she is ready to help. Her experience includes, Real Estate law, Contracts, Business Formation, Business Operating AGreements and Entrepreneurial counseling.
July 13, 2023
Keren G.
Keren E. Gesund has extensive litigation expense. She has successfully defended and prosecuted claims against debt collectors, banks, credit reporting agencies, subcontractors, manufacturers and consumers who have suffered harassment or injury. She handles contentious business and commercial cases for both plaintiffs and defendants in state and federal court.
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Commercial Lease
Ohio
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.
Jeffrey K.
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.
Commercial Real Estate
Commercial Lease
Maryland
What are the notice requirements for terminating the lease?
I am a business owner who recently signed a commercial lease for a property. I am looking to terminate the lease but am unsure of the notice requirements I must adhere to in order to do so. I would like to know what the notice requirements are for terminating the lease so that I can ensure I do not breach the terms of the lease.
Michael C.
The notice requirements for terminating a commercial lease in Maryland are going to vary depending on the specific terms of your lease agreement. Please read and refer to your lease. If your lease is month to month, then it's likely you'll have to provide at least 30 days notice. If your lease is for a longer term (6 to 12 months), it's likely you'll have to provide at least 90 days notice, and may need to pay damages for breach of the lease agreement.
Commercial Real Estate
Commercial Lease
North Carolina
How is the rent determined in a commercial lease agreement?
I am a small business owner looking to rent a space for my business. I am currently in negotiations with the landlord of a commercial property and we are discussing the terms of the lease agreement. We have reached a point where we need to discuss the rent and how it will be determined. I need to understand more about how rent is determined in commercial leases so that I can negotiate a fair and reasonable agreement.
N'kia N.
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.
Commercial Real Estate
Commercial Lease
Massachusetts
Can the tenant sublease the property to another business?
I am a business owner and I am looking to rent a commercial space for my business. I am considering signing a commercial lease with the landlord, but I am concerned about my ability to sublease the property to another business. I am trying to determine whether this is an option that is available to me and what the implications would be.
Joseph M.
In Massachusetts, a commercial tenant can sublet or even fully assign 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.
Real Estate
Commercial Lease
Florida
Need flat rate to do sub lease Kiosk at mall in Miami
Renting Kiosk as a sub leaser, need to verify contract and seeking a Flat rate.
Moss S.
I have been a commercial real estate attorney for over 30 years. I can review the agreement, and negotiate and draft any revisions. Considering it is in a mall, I am guessing that it is with a major retail landlord which would require review of the underlying lease. I can give you a flat rate once you request a proposal.
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