APARTMENT
LEASE Date: ________
PARTIES Richard Kornman (hereinafter referred to as Lessor) hereby leased to xxx (hereinafter referred to as Lessee) the following described property:
PREMISES Apartment
at yyy St.
in New Orleans. La. , for use by resident as a private residence only.
TERM This lease is for a term commencing on the 6/01/01 and ending on the calendar day 5/31/2002.
AUTOMATIC
RENEWAL If
Lessee, or Lessor, desires that this lease terminate at the expiration of its
term, he must give to the other party written notice at least 30 days prior to
that date. Failure of either party
to give this required notice will automatically renew this lease and all of the
terms thereof except that the term of the lease will be for one month. This provision is a continuing one and
will apply at the expiration of the original term and at the expiration of each
subsequent term.
RENT This
lease is made for and in consideration of a monthly rental of $ $$$ Dollars per month
are payable in advance on or before the 1st day of each month at PO Box 1752 New Orleans, La. 70118. If any monthly rental payment are not received by the fifth
of that month for any reason
whatsoever, Lessee agrees to pay an additional sum of $25.00 as a penalty. If a check is presented to lessor by lessee and lessor
deposits said check into his bank account and subsequently the check is
returned to lessor by his bank without being paid due to non sufficient funds
or account closed or any other reason the check is unable to be funded the lessee
will pay a $20 NSF fee to lessor at
the same time as lessor is given a check to replace previous check. This penalty provision is not to be
considered a waiver or relinquishment of any of the other rights or remedies of Lessor. All utilities such as sewer, water, gas
and electric shall be paid by Lessee.
SECURITY Upon execution of this Lease, the Lessee agrees to
deposit with Lessor, the receipt of which is
DEPOSIT
hereby acknowledged
$ $$$
Security (paid $ $$$ )
This
deposit, which is non interest bearing, is to be held by
Lessor as security for the full and faithful performance of all of the terms
and conditions of this lease. This
security deposit is not an advance rental and Lessee may not deduct any portion
of the deposit from rent due to Lessor. This security deposit is not to be
considered liquidated damages. In the event of forfeiture of the security deposit due to Lessee's
failure to fully and faithfully perform all of the terms and conditions of the
lease, Lessor retains all of his other rights and remedies. Lessee does not
have the right to cancel this lease and avoid his obligations thereunder by
forfeiting the said security deposit.
Lessee
shall be entitled to return of the said security deposit within 30 days after the lease termination date provided said leased
premises are returned to Lessor in as good condition as they were at the time
Lessee first occupied same, subject only to normal wear and tear and after all
keys are surrendered to Lessor.
Lessee agrees to deliver the premises broom clean and free to trash at
the termination of the lease.
In the event of any damage to the leased premises or
equipment therein, reasonable wear and tear excepted, caused by Lessee, his
family, guests or agents, Lessee agrees to pay Lessor when billed the full
amount necessary to repair or replace the damaged premises or equipment.
Deductions
will be made from the security deposit to reimburse Lessor for the cost of
repairing any damage to the premises or equipment or the cost of replacing any
of the articles or equipment that may be damaged beyond repair, lost or missing
at the termination of the lease or for any cleaning costs. Deductions will also
be made to cover any unpaid amounts owed to Lessor for any such damage or loss
occurring prior to termination of the lease and for which Lessee or lessor has
been billed. In the event that such damages or cleaning charges exceed the
amount of the security deposit, Lessee agrees to pay all excess cost to Lessor.
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 said security deposit.
Notwithstanding
any other provisions expressed or implied herein, it is specifically
understood and agreed that the entire security deposit
aforesaid shall be automatically forfeited as liquidated damages should lessee
vacate or abandon the premises before the expiration of this lease, except
where such abandonment occurs during the last month of the term of the lease,
lessee has paid all rent covering the entire term and either party has given
the other timely written notice that this lease will not be renewed under its
automatic renewal provisions. The lessee will not use Security Deposit for payment for rent for the last month of
the term of the lease.
OCCUPANTS The
leased premises shall be occupied by the following persons only: xxx
PETS Any damage as result of lessee pets will be the sole
responsibility of Lessee. All cost to lessor for repairing said damage will be
due within 10 days of the date on which the damage occurred whether damage has been corrected or work on damage
is still in progress. Cost will reflect a 15% overhead and 15% profit markup
SUB LEASE Lessee
shall not sublet or assign this lease without the written consent of
Lessor. Lessee is not permitted to
post any "For Rent" signs, rent, sublet or grant use or possession of
the leased premises without the written consent of Lessor and then only in
accordance with this lease.
DEFAULT OR
ABANDONMENT Should the
Lessee fail to pay the rent or any other charges arising under this lease
promptly as stipulated or should the premises be abandoned (it being agreed
that an absence of Lessee from the leased premises for five consecutive days
after rentals have become delinquent shall create a conclusive presumption of
abandonment) by Lessee or should Lessee begin to remove furniture or any
substantial portion of Lessee's personal property to the detriment of Lessor's
lien, or should voluntary or involuntary bankruptcy proceedings be commended 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 the rent for the whole of the unexpired term of the lease together with the
attorneys fees shall immediately become due. However Lessor may proceed one or
more times for past due installments without prejudicing his rights 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 the lease and obtain possession of
the 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.
In the event of such cancellation and eviction. Lessee is obligated to pay any
and all rent due and owing through the last day said premises are occupied. Lessee is obligated to pay any eviction
cost.
OTHER
VIOLATIONS
& NUISANCE Should
the Lessee at any time violate any of the conditions of this lease, other than the conditions provided for in the immediately
preceding paragraphs under the heading "Default or Abandonment" or
should the Lessee discontinue the use of the 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 or neighbors in adjacent properties, such as by being
boisterous or disorderly, 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 days after written notice has been given Lessee (such notice may be posted
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 premises in accordance with the
provisions of Articles 4701-4705 of the Louisiana Code of Civil Procedure.
OCCUPANCY
Should Lessee be unable
to obtain occupancy on the date of the beginning of the lease due to causes
beyond control of Lessor, this lease shall not be affected thereby, but Lessee
shall owe rent beginning only with the day on which he can obtain possession.
Should
the property be destroyed or materially damaged so as to render it wholly unfit
for occupancy by fire or other unforeseen event not due to any fault or neglect
of Lessee, then this lease shall terminate and Lessee shall receive a refund
for any unearned rent. However
Lessee shall not be entitled to a reduction of the monthly rent or cancellation
of this lease because of a temporary failure of utilities, heat, air
conditioning.
ADDITIONS &
ALTERATIONS Neither
Lessor nor Lessee shall make any additions or alterations to the premises
without written permission of the other.
However, Lessor or his employees or agents shall have the right to enter
the premises for the purpose of making repairs necessary to the preservation of
the property or due to emergency conditions. Any additions made to the property by the Lessee shall
become the property of Lessor at the termination of this lease without the
payment of any consideration by Lessor.
No
holes shall be drilled in the walls, woodwork or floors and no antenna
installations are permitted. No
painting or papering of walls is permitted.
MAINTENANCE
&
REPAIRS a)Lessee has inspected of the leased premises and accepts the leased premises "as is, where-is," and in the there condition at the beginning of the term of this lease. Lessee also waives all representations and warned keys on the part of the lessor, whether express or applied, including, without limitation, all warranties that the leased premises are free from defects or deficiencies, whether hidden or apparent, and also warranties under La. civil code arts .2692-2704 or any other provision of Louisiana law. Lessor will have no obligation to make any improvements or changes to the leased premises except as expressly set forth in this lease.
(b)
Lessee assumes responsibility for the condition of the leased premises
throughout the term of this lease.
Throughout the term, lessee shall maintain a leased premises and a good,
orderly and safe condition and state of repair (normal wearing care and
casualty damage not caused by lessee excepted), including, without limitation,
replacement of any glass broken on the leased premises, replacement of light
bulbs, smoke detectors and air conditioner filters. In addition, lessee will reimburse lessor within ten (10)
days after demand for all cost of repairing damage or injury is caused by or attributable to the acts or
omissions of lessee, or lessee's agents, employees, contractors, where
invitees.
(c)Lessee
will give lessor prompt notice of any needed repairs to the roof, plumbing,
heating, or air conditioning, or electrical lines or equipment located in,
serving, or passing through the leased premises, and following this notice,
lessor will remedy the condition with reasonable diligence. These repairs will be performed at
lessor's expense, unless they are necessitated by damage or injury attributable
to lessee, lessee's agents, employees, contractors, or invitees.
INDEMNIFICATION Lessee shall occupy the
leased premises at its own risk and shall indemnify lessor against any expanse,
lost, cost, damage, plain, action liability paid wearing occurred as a result
of any breach of lessee, the cease agents or invitees of any term or condition
of this lease, are as a result of lessee's use or occupancy of the leased
premises the careless mess, negligence where improper conduct of lessee, it's agents
or invitees
LIABILITY
If any 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 Lessee, his family, employees
guests
then, for the purpose of such service, such employees shall be deemed the
servant of Lessee, regardless of whether or not payment is
arranged
for such service, and 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
invitees or visitors, or to any other person for any damage to person or
property caused by any act, omission or neglect of Lessee or any other tenant
of said demised premises, and Lessee agrees to hold Lessor harmless from all
claims for any such damage, whether the injury occurs on or off the leased
premises. Furthermore, this
indemnity shall be effective regardless of whether the party to be indemnified
was concurrently negligent or at fault, whether actively or passively.
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 by freezing or otherwise, or any vices or defects of
the leased property, or the consequences thereof, except in case of positive
neglect or failure to take action toward the remedying of such defects and the
damage caused thereby. Should
Lessee fail to promptly so notify Lessor, in writing, of any such defects,
Lessee will become responsible for any damage resulting to Lessor or other
parties. All Lessees, if more than
one, shall be jointly, severally and solidarily liable for all of
Lessee’s obligations set forth herein.
ARBITRATION In the event Lessee shall have any claim or cause of
action against Lessor or his agents or representatives arising out of or in any
way connected with this lease or Lessee’s use or occupancy of the leased
premises, such claim or cause of action shall be submitted for determination by
a single arbitrator in accordance
with the Commercial Arbitration Rules of the American Arbitration Association. If the parties to the arbitration cannot
agree upon a single arbitrator, said arbitrator shall be selected in accordance with said Commercial
Arbitration Rules. The costs of
the arbitration shall be borne equally by the parties thereto, except that each
party shall be responsible to pay for his own attorneys’ or witnesses
fees. The provisions of this
paragraph shall be effective and applicable in any claim against Lessor or
Lessor’s agents, or representatives as aforesaid, whether or not such
claim be solely against Lessor or Lessor’s agents or representatives, or in
solido with other parties, and if in solido with other parties,
whether or not such other parties are willing to submit to arbitration as herein provided.
SIGNS & ACCESS Lessor
reserves the right to post on the premises "For Sale" or "For
Rent" signs at all times.
Lessee will allow parties authorized by Lessor to visit the premises at
reasonable hours in view of buying said property or in view of renting for prior to the expiration of this lease.
Lessee will also permit Lessor to
have access to the premises for the purpose of inspection at reasonable
intervals between the hours of
8:00 a.m. to 5:00 p.m.
ATTORNEY'S
FEES Lessee further agrees that if an attorney is employed
to protect any rights of the Lessor hereunder, Lessee will pay the reasonable
fee of such attorney. Such fee is
hereby fixed at 25% (Twenty-five percent) of the amount claimed or a minimum of
$250.00, whichever is greater.
Lessee further agrees to pay all court costs and sheriff's charges if
any such costs are incurred by Lessor.
OTHER The failure of Lessor to insist upon the strict
performance of the terms, covenants, agreements and conditions hereby
contained, or any of them, shall not constitute or be construed as a waiver or
relinquishment of the Lessor's right thereafter to enforce any such terms,
covenant, agreement and condition, but the same shall continue in full force
and effect. It is understood that the terms "Lessor" and
"Lessee" be used in this agreement, and they shall include the plural
and shall apply to persons, both male and females of all obligations of Lessee
are several and in solido. Lessee agrees that upon the execution of a purchase
agreement by Lessor, for the leased premises, the lease will become null &
void. Lessee agrees to vacate the premises upon 30 days written notice. If
lessee is not notified within thirty days
of a pending act of sale of leased premises, the lease shall remain in
full force and effect. The written notice requirement shall be satisfied by
delivery of notice either by hand or U.S. Mail to leased premises. This lease,
whether or not recorded, shall be junior and subordinate to any mortgage
hereafter placed by the Lessor on the entire property of which the leased
premises form a part. A temporary
visitor is one who inhabits the property for no more than ten (10) days.
WAIVER OF
NOTICE Upon termination of the right of occupancy for any
reasons, Lessee hereby expressly waivers notice to vacate the premises prior to
institution of eviction proceedings in accordance with La. CCP Article 4701 and
La. CC Article 2713.
OTHER
CONDITIONS Lessee agrees to keep premises free of fleas and
cockroaches. Lessor reserves the right to fumigate if necessary at Lesees
expense unless problem is not a result of messy conditions resultant from
tenants or tenants pets .
No
alterations, modifications or amendments to this lease shall be effective
unless in writing and signed by all parties hereto.
READ YOUR
LEASE BEFORE SIGNING
Executed in duplicate
at yyy St
_____________________________________
New Orleans, Richard Kornman - Lessor
Louisiana 70118
this __th day of ________, 2001 ______________________________________
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Lessee
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Lessee
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Lessee