RESIDENTIAL LEASE AGREEMENT
(Louisiana – Court-Ready Template)
[// GUIDANCE: This template is drafted for the State of Louisiana and reflects current statutory requirements under the Louisiana Civil Code and La. Rev. Stat. §§ 9:3251–3254. Customize bracketed sections and confirm local parish rules prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
RESIDENTIAL LEASE AGREEMENT (this “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between:
- [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE / INDIVIDUAL], whose mailing address is [LANDLORD ADDRESS] (“Landlord”); and
- [TENANT LEGAL NAME], a [STATE] [ENTITY TYPE / INDIVIDUAL], whose mailing address is [TENANT ADDRESS] (“Tenant”).
(Each, a “Party,” and collectively, the “Parties.”)
RECITALS
A. Landlord is the fee simple owner of the residential real property commonly known as [PROPERTY ADDRESS], including all buildings, fixtures, and improvements thereon (collectively, the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, upon the terms and conditions set forth herein, in consideration of the mutual promises herein contained and for other good and valuable consideration, the sufficiency of which is acknowledged.
NOW, THEREFORE, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings ascribed in the relevant section.
“Business Day” – Any day other than Saturday, Sunday, or a Louisiana-recognized legal holiday.
“Commencement Date” – The first calendar day of the Term, as specified in Section 3.1.
“Force Majeure Event” – Any event beyond a Party’s reasonable control, including acts of God, flood, fire, storm, governmental action, war, labor disturbances, epidemics, or pandemics, that renders performance impossible or impracticable.
“Guest” – Any person invited or permitted by Tenant, whether expressly or impliedly, to enter or occupy any portion of the Premises.
“Hazardous Materials” – Any substance regulated by federal, state, or local environmental laws, including asbestos, lead-based paint, mold in reportable concentrations, petroleum products, and any “hazardous substance” or “hazardous waste” as defined under 42 U.S.C. § 9601 et seq.
“Lease Term” or “Term” – The period during which Tenant is entitled to occupy the Premises, as set forth in Section 3.1.
“Rent” – Collectively, Base Rent and all other sums payable by Tenant under this Agreement (including utilities, late fees, and charges treated as additional rent).
“Security Deposit” – The amount described in Section 3.4, securing Tenant’s performance of its obligations hereunder.
3. OPERATIVE PROVISIONS
3.1 Term
(a) Lease Term. Landlord hereby leases the Premises to Tenant for a term commencing on [COMMENCEMENT DATE] and expiring at 11:59 p.m. on [EXPIRATION DATE], unless sooner terminated in accordance with this Agreement (the “Term”).
(b) Holding Over. Any occupancy after the Term without Landlord’s prior written consent shall constitute a month-to-month tenancy subject to all provisions herein and a rent increase to [HOLDOVER %]% of the monthly Base Rent.
3.2 Possession & Delivery
Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in compliance with the Louisiana Civil Code Articles 2692–2693 (habitability) and all applicable housing codes.
3.3 Rent; Payment Mechanics
(a) Base Rent. Tenant shall pay to Landlord monthly base rent of $[BASE RENT] (“Base Rent”) in advance on or before the first (1st) calendar day of each month.
(b) Place & Method of Payment. All Rent shall be paid by [METHOD] to [PAYEE / ADDRESS / ONLINE PORTAL] or as otherwise directed in writing by Landlord.
(c) Late Charge. Rent not received by the fifth (5th) calendar day after due incurs a late fee of [LATE FEE AMOUNT OR %].
(d) Returned Payments. Tenant shall pay $[NSF FEE] for each payment returned for insufficient funds.
3.4 Security Deposit
(a) Amount. Upon execution, Tenant shall pay a Security Deposit of $[DEPOSIT AMOUNT].
(b) Segregation; Interest. The Security Deposit shall be maintained as required by La. Rev. Stat. § 9:3252(B). Interest shall be handled in accordance with applicable law.
(c) Permitted Deductions. Landlord may deduct amounts for unpaid Rent, cost of repairs beyond ordinary wear and tear, cleaning, and other damages sustained by reason of Tenant’s default.
(d) Return. Within thirty (30) days after termination of occupancy and receipt of Tenant’s forwarding address, Landlord shall return any remaining Security Deposit with an itemized statement of deductions, per La. Rev. Stat. § 9:3251.
3.5 Use & Occupancy
(a) Residential Use Only. The Premises shall be used solely as a private residence for [MAX OCCUPANTS] lawful occupants.
(b) Guests. Consecutive stays by any Guest exceeding [GUEST DAYS] days require Landlord’s prior written consent.
(c) Prohibited Conduct. Tenant shall not engage in or permit any illegal, nuisance, or commercial activity on the Premises.
3.6 Utilities
Tenant shall obtain and pay for all utilities and services to the Premises except [LANDLORD-PAID UTILITIES].
3.7 Maintenance & Repairs
(a) Landlord Obligations. Landlord shall maintain the Premises in a condition that is habitable and suitable for the leased purpose, consistent with La. Civ. Code arts. 2682 and 2691.
(b) Tenant Obligations. Tenant shall (i) keep the Premises clean and sanitary, (ii) promptly notify Landlord of any condition requiring repair, and (iii) be responsible for damage caused by Tenant, occupants, or Guests.
3.8 Alterations
Tenant shall not make any alterations without Landlord’s prior written consent. All alterations become Landlord’s property unless otherwise agreed.
3.9 Entry by Landlord
Landlord may enter the Premises upon at least twenty-four (24) hours’ notice (or without notice in emergencies) to inspect, repair, or show the Premises.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations. Each Party represents that it has full authority to enter into this Agreement.
4.2 Landlord’s Representations. Landlord represents that:
(a) Landlord is the lawful owner or duly authorized agent of the Premises; and
(b) The Premises are, as of the Effective Date, in compliance with applicable building, housing, and health codes.
4.3 Tenant’s Representations. Tenant represents that:
(a) All information provided in Tenant’s rental application is true, complete, and accurate; and
(b) Tenant has the legal capacity to enter into this Agreement and fulfill all obligations herein.
4.4 Survival. The representations and warranties in this Article 4 survive the expiration or earlier termination of this Agreement.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Tenant
(a) Compliance with Laws. Tenant shall comply with all laws, ordinances, and regulations applicable to the Premises.
(b) Insurance. Tenant shall maintain renter’s insurance with minimum liability coverage of $[COVERAGE AMOUNT] and provide evidence of coverage upon request.
(c) Quiet Enjoyment. Tenant shall conduct itself so as not to disturb neighbors’ peaceful possession.
5.2 Negative Covenants of Tenant
(a) Assignment & Subletting. Tenant shall not assign this Agreement or sublet all or any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.
(b) Hazardous Materials. Tenant shall not bring or allow any Hazardous Materials on the Premises except household substances in typical household quantities used in accordance with manufacturers’ instructions.
(c) Smoking / Pets. [INSERT SMOKING AND PET POLICY; EXAMPLE: “Premises are strictly non-smoking. No pets allowed without written consent and payment of additional pet deposit.”]
5.3 Notice & Cure
Unless a shorter period is specifically provided, Tenant shall have ten (10) Business Days after notice from Landlord to cure any non-monetary breach.
6. DEFAULT & REMEDIES
6.1 Events of Default
(a) Monetary Default. Failure to pay Rent when due, and continuation of such failure for five (5) calendar days after written notice.
(b) Non-Monetary Default. Violation of any covenant, condition, or rule, and failure to cure within the applicable period.
(c) Abandonment. Absence from the Premises for [ABANDONMENT DAYS] consecutive days while in monetary default creates a presumption of abandonment.
6.2 Remedies
(a) Eviction. Upon default, Landlord may deliver a written Notice to Vacate in accordance with La. Code Civ. Proc. art. 4701, affording Tenant no fewer than five (5) days to surrender possession. If Tenant fails to vacate, Landlord may file a Rule for Possession in the competent Louisiana court (“Housing Court”) to obtain judgment of eviction.
(b) Rent Acceleration. Upon judgment of eviction, all unpaid Rent for the remainder of the Term shall become immediately due and payable, subject to Landlord’s duty to mitigate.
(c) Reletting. Landlord may relet the Premises and apply proceeds against Tenant’s obligations.
(d) Attorneys’ Fees. Tenant shall pay all court costs and reasonable attorneys’ fees incurred by Landlord in enforcing this Agreement, as permitted by La. Rev. Stat. § 9:3259.
(e) Cumulative Remedies. All rights and remedies are cumulative and non-exclusive, except where expressly limited by law.
7. RISK ALLOCATION
7.1 Indemnification by Tenant
Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from (i) Tenant’s use or occupancy of the Premises, (ii) the acts or omissions of Tenant or Tenant’s Guests, or (iii) any breach of this Agreement by Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord.
7.2 Limitation of Liability
Landlord’s aggregate liability for any matter arising under this Agreement is limited to the amount of the Security Deposit actually held by Landlord at the time the liability accrues, except to the extent such limitation is prohibited by applicable law.
7.3 Insurance Requirements
Landlord shall maintain standard fire and extended-coverage insurance on the building structure. Tenant acknowledges Landlord’s insurance does not cover Tenant’s personal property.
7.4 Force Majeure
Neither Party shall be liable for failure to perform due to a Force Majeure Event; provided, however, Tenant’s obligation to pay Rent shall not be abated except as mandated by applicable law or governmental order.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict-of-laws principles.
8.2 Forum Selection
All actions arising from or relating to this Agreement shall be brought exclusively in the court of proper venue and jurisdiction for the parish in which the Premises are located, including the applicable Louisiana “Housing Court” for eviction proceedings. The Parties consent to such exclusive jurisdiction.
8.3 Arbitration
Arbitration is expressly excluded. The Parties waive any obligation to submit disputes to arbitration.
8.4 Jury Trial
Nothing herein shall be construed to waive a Party’s constitutional right to trial by jury in any matter where such right is guaranteed under Louisiana or federal law.
8.5 Injunctive Relief
Nothing in this Article 8 limits Landlord’s right to seek injunctive or other equitable relief, including but not limited to writs of possession and eviction proceedings.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
No amendment or waiver is effective unless in writing and signed by the Party against whom enforcement is sought. A waiver on one occasion is not a waiver on any subsequent occasion.
9.2 Assignment
Except as expressly permitted herein, Tenant may not assign or delegate any rights or obligations without Landlord’s prior written consent. Any unpermitted assignment is void.
9.3 Successors & Assigns
This Agreement binds and benefits the Parties and their respective heirs, successors, and permitted assigns.
9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the Parties’ intent.
9.5 Integration
This Agreement (including any attached addenda and disclosures) constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior understandings. No oral statements are binding.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and together constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign, PDF) are deemed original signatures.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement effective as of the Effective Date.
LANDLORD:
[LANDLORD LEGAL NAME]
By: ____
Name: ____
Title: _____
Date: ________
TENANT:
[TENANT LEGAL NAME]
Date: ________
[// GUIDANCE: Consider attaching (i) Move-In/Move-Out Inspection Form; (ii) Lead-Based Paint Disclosure (for properties built before 1978); (iii) Rules & Regulations Addendum; and (iv) any required parish-specific disclosures.]