Louisiana Standard Form Lease by dfu37911


Louisiana Standard Form Lease document sample

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									                                             STANDARD LEASE
                                       MILITARY HOUSING
                                FOR QU ALIFIED MILITAR Y RESIDENT

     1.   PARTIES: New Orleans Navy Housing, L.L.C., a Louisiana limited liability company whose address is
          8027 Jefferson Highway, Baton Rouge, LA. 70809 (hereinafter referred to as “Landlord”) hereby leases to
          _________________________________ (referred to as “Tenant”) the premises described below:

     2.   PREMISES: Housing unit No ________________ in BELLE CHASSE, LA 70037, for use by Tenant as a
             private residence only.

     3.   TERM: This lease is for a term commencing on the ______ day of __________ and ending on the last
             calendar day of ____________ provided however:

          3.1       In the event Tenant receiv es Permanent Change of Station (PCS) orders out of the Greater New
                    Orleans SMSA Region prior to the expiration of the term of this lease, Tenant shall provide Landlord a
                    written notice of such orders and advise the Landlord of the last day he or she w ill occupy the leased
                    premises. A copy of the PCS orders w ill accompany the notice. In this situation, this lease will
                    automatically terminate on the last day of the month in w hich Tenant detaches from his or her
                    command. If a Tenant’s transfer date is other than the last of a month, then the Tenant shall provide
                    Landlord a written notice of such orders within forty-eight (48) hours of the orders being issued, and
                    the rent for that month shall be prorated to the last day of occupancy by Tenant.

          3.2       In the event Tenant is discharged from the military service for any reason prior to the expiration of the
                    term of this lease, Tenant’s last date of occupancy under this lease shall be no later than the date of
                    Tenant’s discharge, and the lease term shall end on such date, unless permission to extend is jointly
                    granted, in writing, by Tenant’s Base Commanding Offic er and Landlord. In this event, the rental
                    amount due Landlord w ill change to Market Rent – said Market Rent to become due and payable the
                    first day of the first month after Tenant’s last rental payment as a military member. “Market Rent” is
                    defined as the rent shown for Tenant’s unit type on the document entitled “Scheduled Market Rent”
                    as it may change from time to time. This document is available at Landlord’s Management Office.

          3.3       In the event Tenant receives a transfer within commands located in the New Orleans Region prior to
                    the expiration of the term of this lease, Tenant shall have the option to terminate this Lease and
                    execute a new lease for housing at the new duty station, subject to the availability of housing units.
                    The term for the new lease shall be equal to the remaining term of this lease.

          3.4       In the event of Tenant’s death, this lease shall be terminated at the end of the month for whic h
                    payment has been or will be receiv ed, provided, however: (i) if Tenant’s spouse is als o a servic e
                    member, this lease shall continue through its expir ation date; or (ii) if Tenant’s spouse elects in writing
                    prior to the end of the month of the Tenant’s death, this Lease will continue for four (4) calendar
                    months follow ing the end of the month of the Tenant’s death.

          3.5       Should Tenant’s number of dependents change during the term of the lease, thereby entitling Tenant
                    to a different size on-base housing unit, Tenant w ill have the option to terminate this lease and
                    execute a new lease for a different on base housing unit subject to the availability of housing in
                    accordance with base housing ref erral procedures.                                      _________

4.        AUTOMATIC RENEWAL: This lease w ill automatically renew on its expiration on a month-to-month basis .
          Landlord may terminate this lease by giving Tenant notic e of non-renewal at least thirty (30) days prior to the
          expiration of the lease term.

5.        RENT: This lease is made for and in consideration of a monthly rental of $__________ which is an amount
          equal to the New Orleans area Basic Allow ance for Housing (“BAH”). The stated rental rate w ill be adjusted by
          the same amount as Tenant’s BAH changes at any time during the term of this lease. The rental payment w ill
          include utilities (w ater, sewer, gas and electric). At a date not yet determined, the rental rate w ill be an amount
          equal to the Tenant’s BAH less a utilities allow ance for gas and electric calculated for normal usage. At this
          time, Tenant shall be responsible for obtaining utilities through the local utility provider, including the payment of
          all utility deposits and expenses.                                                           _______

          5.1       Rent for a given month is due and payable in arrears on the 1st of the following month. Late fees will
                    be assessed in accordance w ith the attached Rules and Regulations. Rent shall be payable at 303
                    RUSSELL AVE., BELLE CHASSE, LA 70037. Mail slot may be used for after-hours payments.

          5.2       In the event a Qualif ied Military Resident is married to another military member, the rent shall be an
                    amount equal to the BAH of the higher ranking spouse.
          5.3        Rental payments not made by automatic allotment of Tenant’s BAH by Tenant’s military employer
                     directly to Landlord (“Allotment”) or Electronic Funds Transfer (“EFT”) is due and payable in one
                     payment. Each payment must be paid with one check, money order, certif ied check, or cashier’s
                     check. Rental payments made by personal check must be on Tenant’s account or the joint account
                     of Tenant and Tenant’s spouse, and must be signed by a person who is a signatory on this lease. In
                     the case of multiple Tenants, Tenants are jointly and severally responsible for the rent.

          5.4        Prorated rent for the first partial month of this lease, in the amount of $_________ w ill be due and
                     payable on or before                                                                        ________

          5.5        Late Fee and Returned Check policies are found in the attached Rules and Regulations.

          5.6        Notw ithstanding anything contrary provis ions in this lease or in the Rules and Regulations, no late
                     fees shall be due in the event Tenant fails to timely pay his/her rent as a result of the failure of Tenant
                     to receiv e his/her BAH due to actions not caused by or contributed to by the Tenant.

lease, Tenant shall have the option to pay for rent and all other amounts owed by Tenant to Landlord under this lease by,
Allotment or by EFT. Should Tenant undertake to pay rent using either an Allotment or an EFT, Tenant shall execute all
documents required or necessary to affect such undertaking. If Tenant undertakes to pay rent through EFT, Landlord w ill
promptly provide all account and routing information to Tenant.                                                ________

          6.1        It is understood and agreed by Tenant that should Tenant cancel the Allotment or EFT payment
                     without prior timely w ritten instructions to Landlord, Tenant w ill be subject to eviction for non-payment
                     of rent in accordance with the Eviction Procedures set forth in the attached Rules and Regulations in
                     the event the rent is not otherwise paid as described above and a security deposit is not made. In the
                     latter situation, Tenant w ill be subject to Late Fee/Returned Check Policy and other applicable Rules
                     and Regulations.

          6.2        UDEFT Option: Resident chooses to pay Rent through UDEFT from the senior service member
                     Resident’s pay account to Ow ner. The UDEFT w ill be increased or decreased by Resident when
                     increases or reductions occur to the senior service member Resident’s BAH rate. It is Resident’s
                     responsibility to make adjustments in the UDEFT to reflect any changes in Resident’s BAH rate.
                     Resident shall execute all required documents that are necessary to make monthly Rent payments
                     (“UDEFT”) equal to the BAH at Lease signing and agrees to take no action to terminate such UDEFT
                     without making arrangements with Owner. If Resident’s UDEFT is terminated w hile Resident is still in
                     possession of the Premises w ithout written permission from Ow ner, Resident w ill be considered in
                     material breach of this Lease, unless such termination is beyond Resident’s fault or control.

                     ____ - (Initial here to select this option.)

7.         MOVE OUT PROCEDURES: The Move Out Procedures and items that will be chargeable to the Tenant are
found in the attached “Rules and Regulations.”

          7.1       Charges shall be imposed on Tenant for vacated or abandoned units prior to the expiration of the
          term in accordance w ith section 8.3 below.

8.        SECURITY DEPOSIT: For Tenants in occupancy at the initial signing of the business agreement between the
U.S. Navy and the Landlord or its agent(s), none is required. All new Tenants executing this lease agree to deposit with
Landlord, the receipt of which is hereby acknowledged, the sum equal to one month’s BAH. This deposit is w aived for all
Tenants w ho elect to utilize the Allotment or EFT payment methods. This deposit, w hic h is non-interest bearing, is to be
held by Landlord as security for the full and faithful performance of all of the terms and conditions of this lease and any
renewals of this lease. The security deposit is not an advance rental payment and Tenant may not deduct any portion of
the deposit from the rent due to Landlord.                                                                       ----------------

          8.1        Tenant shall be entitled to return of the said security deposit after the leased premises have been
                     vacated and inspected by Landlord provided said lease premises are returned to Landlord in as good
                     condition as they were at the time Tenant first occupied same, subject only to normal decay, wear
                     and tear. Landlord shall inspect the leased premises in accordance w ith the Move-Out Procedures.
                     Any portion of the security deposit due to Tenant w ill be returned within thirty (30) days follow ing the
                     day the leased premises were vacated. Tenant is not required or otherw is e obligated to make written
                     demand on Landlord for the return of the deposit, and Landlord waives all required demands for the
                     return of said deposit.

          8.2        Deductions w ill be made from the security deposit to reimburse Landlord for the cost of repair ing 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 if such damage, loss
                     or misplacement is a result of Tenant’s intentional, w illf ul or negligent act (including occupants or
                     guests of Tenant and/or occupant). Deductions w ill also be made to cover any unpaid amounts owed
                     to Landlord for any such damages or loss occurring prior to termination of the lease and for whic h
                     Tenant has been billed. In the event that such charges exceed the amount of the security deposit, if
                     any, Tenant agrees to pay all excess costs to Landlord upon receipt of an itemized statement of such
                     charges, whic h must be furnished by Landlord to Tenant no later than 30 days after the termination of
                     lease. In the event the security deposit is applied in payment of damages due to Tenant’s failure to
                     fully and faithfully perform all of the terms and conditions of the lease, Landlord shall retain all of its
                     other rights and remedies. Tenant shall not have the right to cancel this lease and avoid his
                     obligations hereunder by forfeiting the security deposit.

          8.3        Notw ithstanding any other provis ions expressed or implied herein, it is specif ically understood and
                     agreed that deductions shall be made from the security deposit for damages sustained by Landlord
                     should Tenant vacate or abandon the leased premises before the expiration of this lease, except
                     where (i) such abandonment occurs during the last month of the term of the lease, (ii) Tenant has
                     paid all rent covering the entire term and (iii) either party has giv en the other timely w ritten notic e that
                     this lease will not be renewed under its automatic renewal provis ions.

9.        OCCUPANTS: The follow ing persons shall occupy the leased premises as a residence only:

10.        PETS: Pets are allow ed to live in or be harbored on the leased premises only if Tenant has executed the
written Pet Addendum attached to the Rules and Regulations. Pets are to be registered with the Landlord’s Management
Office. A copy of the executed Pet Addendum w ill be provided to Base Security. Tenants who occupied units with pets
prior to the effective date of this lease are allowed to have pets whic h complied w ith the policy in effect at the time their
occupancy began upon signing a Pet Addendum but without placing a pet deposit. Any new pets are subject to the Pet
Addendum and a pet deposit.                                                                                         ________

11.        SUB LEASE: Tenant is not permitted to post any “For Rent” signs, rent, and sublet or grant use or possession
of the leased premises.

12.        DEFAULT OR ABANDONMENT: Should Tenant fail to pay the rent or any other charges arising under this
lease promptly as stipulated, or should Tenant breach any other covenant of this lease, Tenant shall be automatically in
default, w ithout the necessity of demand or putting in default. In the event of default hereunder, Landlord may elect any
remedy allow ed under Louisiana or federal law , including, but not limited to, declaring the rent for the whole unexpired
term of the lease together w ith the attorney’s fees immediately due and payable, or to proceed one or more times for past
due installments w ithout prejudicing his right to proceed later for the rent for the remaining term of the lease. Eviction
Procedures are described in the attached Rules and Regulations. Landlord recognizes its duty to reduce its own
damages, and w ill make its best efforts to relet the leased premises and thus reduce the exposure of the Tenant to claims
for unpaid rent for the remainder of the term.

13. OTHER VIOLATIONS AND NUISANCE: Should the Tenant 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 Tenant discontinue the use of the leased premises for the purposes for whic h they are
    rented or fail to maintain a standard of behavior consistent w ith the consideration necessary to provide reasonable
    safety, peace and quiet to the other residents in the housing unit complex, such as, but not limited to, being
    boisterous or disorderly , creating undue noise, disturbance or nuisance of any nature or kind, the Landlord shall take
    action in accordance w ith the Eviction Procedures found in the attached Rules and Regulations. Landlord
    recogniz es its duty to reduce its own damages, and will make its best efforts to relent the premises and thus reduce
    the exposure of the Tenant to claims for unpaid rent for the remainder of the term.

          13.1 Waterbeds are authoriz ed only on first floors with concrete floor slabs. A Tenant desiring to install
               waterbeds must request permission in writing from Landlord’s offic e. All Tenants with waterbeds w ill be
               required to have Renter’s Insurance w ith a waterbed rider. Tenants who occupied units w ith waterbeds
               prior to the effectiv e date of this lease are allowed to have waterbeds without the required Renter’s
               Insurance with a waterbed rider.

          13.2 Tenant is responsible for removing items placed on or in the units in anticipation of a natural disaster, such
               as a hurricane, within a reasonable period after the threat has passed. No hurricane tape will be allowed
               to stay in w indows after danger ceases.

          13.3 Tenant agrees not to use or permit the use of alcoholic beverages in any public areas of the property of
               whic h the leased premises form a part. Tenant should consult Base Policies and Regulations concerning
               consumption of alcoholic beverages.

14.         WAIVER OF NOTICE: Tenant specif ically waives the requirement for the five (5) days notic e to vacate as set
forth in the Revised Civil Code of the State of Louis iana and in the Code of Civil Procedure as they may be amended.

15.       RUL ES AND REGULATIONS: Tenant acknow ledges receipt of a copy of the Rules and Regulations, w hic h
are attached to and form a part of this lease. Tenant agrees to comply with all such rules and regulations and w ith all
reasonable rules and regulations hereafter adopted by the Landlord’s Management Board (comprised of 2 representatives
of Landlord and 1 representative appointed by the Base Commander), and posted in or about the housing unit complex
and/or mailed or delivered to Tenant.

16.       WARRANTY: Landlord w arrants that the leased premises are in good condition. Tenant accepts them in such
condition and agrees to keep them in such condition during the term of the lease and to return them to Landlord in the
same condition at the ter mination of the lease, normal decay, wear and tear excepted. The Tenant may submit requests
to the Landlord for repairs to the units (Work Orders) in accordance w ith the procedures described in the Rules and
Regulations.                                                                                                  ______
17.      OCCUPANCY: Should Tenant be unable to obtain occupancy on the date of the beginning of the lease due to
causes beyond control of Landlord, the Tenant shall ow e rent beginning only with the day on which the Tenant obtains
possession, provided possession is not delayed beyond a ten (10) day period.

          17.1      Should the property be destroyed or materially damaged so as to render it w holly unfit for occupancy
                    by fire or other unforeseen event not due to any fault or neglect of Tenant, the Tenant shall be entitled
                    to a credit for the unexpired term of the lease. How ever Tenant 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 or temporary closing of any public amenity or service. For purposes of this Section 17.1,
                    “temporary” shall mean a time period not to exceed three (3) days, unless such time period exceeds
                    three (3) days due to unforeseen events or causes beyond Landlord’s control such as a force of
                    nature or national emergency.

18.       ADDITIONS AND ALTERATIONS: Neither Landlord nor Tenant shall make any additions or alterations to the
leased premises w ithout written permission of the other. Any additions or alterations to the leased premises by Tenant
shall become the property of Landlord at the termination of this lease unless otherw is e stipulated herein. Nothing here
shall be construed to prevent Landlord from making improvements or conducting repairs at any other place other than the
leased premises as defined herein above.                                                                       ________

          18.1      Landlord, its maintenance employees and maintenance contractors shall have the right to enter the
                    leased premises for the purpose of making repairs in response to Work orders placed in accordance
                    with the process described in the Rules and Regulations.

          18.2      Landlord shall have immediate access in case of an emergency situation.

          18.3      Except as set forth in this section, section 22 and the Work Orders section of the Rules and
                    Regulations, Landlord w ill obtain Tenant’s or his or her spouse’s consent prior to accessing the
                    leased premises.

          18.4      Notw ithstanding the above, Landlord has scheduled renovations to units. Tenant acknow ledges that
                    the scheduled renovations may result in Tenant being required to move to another unit to permit the
                    renovations, and hereby consents to the relocation. In the event Tenant is relocated to another unit,
                    all terms and conditions of the lease, except for the unit designation, shall remain in full force and
                    effect. Any such move shall be at the sole cost and expense of the Department of Navy.

19.         LIABILITY: Employees of Landlord are not allow ed to render personal services to Tenant. If any employee of
Landlord renders any such services (such as parking, washing or delivery of automobiles, handling of furniture or other
articles, cleaning the rented premises, package delivery, or any other servic e) for or at the request of Tenant, his family,
employees or guests, such employees for the purpose of such services shall be deemed the servant of Tenant whether or
not payment is arranged for such service; and Tenant agrees to relieve Landlord and hold Landlord harmless from any
and all liability in connection with such services.

          19.1      Landlord shall not be liable to Tenant, or to Tenant’s employees, patrons and visitors, or to any other
                    person for any damage to person or property caused by any act, omission or neglect of Tenant or any
                    other resident of said leased premises, and Tenant agrees to hold Landlord harmless from all claims
                    for any such damage, whether the injury occurs on or off the leased premises.

          19.2      Tenant assumes responsibility for the condition of the premises. Landlord w ill not be responsible for
                    damage caused by leaks in the roof, by bursting of pipes by freezing or otherw is e, or any vic es or
                    defects of the leased property, or the consequences thereof, except when caused by the negligence
                    of Landlord or in the case of positive neglect or failure to take action toward the remedying of such
                    defects within a reasonable time after having received written notic e from Tenant of such defects
                    and/or the damage caused thereby. Should Tenant fail to promptly so notify Landlord, in writing, of
                    any such defects, Tenant will become responsible for any damage resulting to Landlord or other
                    parties. Defects that are patent, obvious, or are within the Landlord’s actual or constructiv e
                    know ledge are not the responsibility of the Tenant, and Tenant is not required to call such defects to
                    the attention of the Landlord. Landlord is obligated to correct all defects that are patent, obvious, or
                    within Landlord’s actual or constructiv e know ledge without request from Tenant.

          19.3      Tenant hereby releases, relieves and holds Landlord harmless for any damage or injury to persons
                    making use of any public property of the leased premises through the use, permission or consent of

20.        CABLE AND T ELEPHONE WIRING AND OUTLETS: Tenant accepts the existing condition of all cable
television and telephone wir ing “as is” upon occupancy of the leased premises, and agrees to be responsible for all
repairs, alterations, and/or additions to such. Tenant is encouraged to subscribe to the telephone provider’s inside wiring
maintenance plan.

21.       LAWNS AND GROUND MAINTENANCE: Landlord w ill provide law ns and grounds maintenance for enclosed
patios and yards of the leased premises provided that any gates enclosing such are left unlocked and accessible on the
service dates, and no pets are left in the enclosed areas.

22.        ACCESS: Tenant w ill allow parties authoriz ed and accompanied by Landlord to vis it the premises at
reasonable hours and w ith Tenant’s permission in anticipation of renting the property at any time during this lease term.
Tenant w ill also permit Landlord to have access to the premises for the purpose of inspection at prearranged reasonable
intervals during Landlord’s office hours.
23.       ATTORNEY’S FEES: Tenant agrees that if an attorney is employed to successf ully protect any rights of
Landlord hereunder, and such attorney prevails and obtains a judgment against Tenant, Tenant will pay the fee of such
attorney. Such fee is hereby fix ed at twenty-fiv e (25%) percent of the amount awarded or $400.00, whichever is greater.

24.        OTHER: The failure of Landlord 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
Landlord’s right thereafter to enforce any such terms, covenants, agreements and conditions, but the lease as written
shall continue in full force and effect.

          24.1      It is understood that the terms “Landlord” and “Tenant” used in this agreement shall include the plural
                    and shall apply to both male and female persons. All obligations of Tenant are joint, several and

          24.2      This lease, whether or not recorded, shall be junior and subordinate to any mortgage hereafter placed
                    by the Landlord on the entire property of whic h the leased premises forms a part.

25.       The Tenant is responsible for knowing and complying w ith the Base Policies and Regulations.

 26.      MEGAN’S LAW: In accordance w ith LSA-RS.37:1469, Resident is hereby notified of the existence of the
Louisiana Sex Offender and child predator registry database which is maintained by the Louisiana State Police in
accordance with LSA RS. 15:540 ET SEQ. The database is accessible via the internet at the following address:
www.lasocpr.lsp.org or by calling 1-800-858-0551 or (225) 925-6100. The database provides the name, address,
pictures and conviction records for certain registered offenders.


Executed in Duplicate at BELLE CHASSE, Louisiana and this ________ of ___________

LANDLORD:                                                                      TENANT:


By: _______________________________                                            ______________________________



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