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APARTMENT LEASE
STATE OF LOUISIANA, PARISH OF TANGIPOHOA
DARRYL D. SMITH MANAGEMENT INC. (hereinafter referred as Lessor) hereby leases and lets to _ (hereinafter referred to as lessee), on the terms and conditions hereinafter set forth as the following described property no. _of __Apartments located in Hammond, Louisiana 70401, for a term beginning on the day of ending on the day of _ .
1. This lease is made for and in consideration of a monthly rental of $ ____Dollars per month payable in advance on or before the first day of each month at the rental office of the premises or in care of the above named lessor at 800 Pecan Street, Hammond, Louisiana 70401. Rent not received by the 1st, a $25.00 late charge will be added and in addition the sum of $5.00 per day for each day past the 5th of the month that the rent remains unpaid. Rent paid after the 10th shall be paid by certified funds or money orders: no personal checks will be accepted. It is specifically agreed that in the event that Lessee's check given for deposit or rent is returned by Lessee's bank for non-sufficient funds or any other reason, Lessee agrees to pay a service charge of $30 per returned item. After NSF check is given, future payments have to be either by certified funds or money order; no additional checks will be accepted. This penalty provision is not to be considered a waiver or relinquishment of any of the other rights or remedies of Lessor. In the event rent is not paid after same shall become due, Lessee shall be deemed to be in default as of the date the rent is due; and Lessor shall have the option to cancel this lease on or before the termination date. It is specifically understood that the Lessee herein waives notice of eviction in accordance with LA Code of Civil Procedure Article 4701 and Chapter 2 to Title X1 Article 4731.
GENERAL CONDITION OF PREMISES
2. Lessee shall not assign this lease or sublet the lease premises in whole or in part. Lessee shall use the leased premises for private residential purposes only. Lessee shall maintain the leased premise in a clean and neat condition and shall permit no unlawful activity therein.
3. Lessee shall not store inflammable materials or allow such to be stored on the premises; nor do, perform or suffer upon the said premises any act or thing deemed extra hazardous on account of fire or any act, which might result in any forfeiture of insurance. Lessee shall not do or permit anything to be done on the premises which in any of the rules and ordinances of the Board of Health, or any other regulatory agencies.
4. Lessee shall take good care of the leased premises and its fixtures and permit no abuse thereof, and he shall promptly report in writing to the manager when any equipment or fixture or portion of the leased premises is out of repair, and, upon demand, lessee shall promptly reimburse Lessor for any damage due to negligence or misuse by the Lessee, his employees, his family, or his guests, or other persons whom Lessee permits to be in or about the leased premises, during the term of this lease. Upon termination of this lease, Lessee shall deliver the leased premises to Lessor in good condition, natural deterioration from reasonable use thereof excepted. Lessee accepts the condition of the leased premises at the commencement of this lease as satisfactory for all purposes of Lessee. To the extent any furniture, furnishings or equipment are covered by this lease, the rules and regulations regarding the care, replacement and use of same which Lessor may from time to time put into effect with reference to all its apartments, shall be and remain a part of this lease.
5. Lessee shall not make any alterations, additions improvements or repairs to the leased premises without the prior written consent of Lessor, and after any such consent may be given, all work shall be done in a satisfactory and workmanlike manner and with first grade materials, subject to the written approval of Lessor. All alterations, additions and improvements put in at the expense of Lessee shall be the property of Lessor without payment to Lessee and shall remain upon and be surrendered with the premises as a part thereof at the termination to this lease.
6. If the furnishing of heat, air conditioning, gas, electricity, or hot water, if furnished, shall cease by reasons of accident, strike, repairs, cleaning out of boilers, alterations or improvements to be made or done to any part of the apparatus or appurtenances belonging thereto, or by reason of any cause beyond the control of the Lessor, the obligation of Lessor under this lease shall not be affected thereby, nor shall any claim accrue to the lessee by reason thereof.
LIABILITY
7. Should Lessor permit Lessee, his family, servants, or visitors to use any storeroom, laundry, swimming pool, recreational area, parking area, or any other facilities without consent of Lessor, such use shall be entirely gratuitous and wholly at the risk of the person involved and Lessor shall not be liable for any injury to persons or loss or damage to property resulting from such use.
8. Lessee will permit the leased premises to be shown to applicants during the last thirty (30) days of the term of this lease; and if Lessee shall not be personally present during said period or any thereof, or if, at any other time or times, an entry shall be deemed by the Lessor to be necessary for the inspection, protection, or repair of the demised premises, the officers management, or agents of the Lessor may enter the same by means of a master key or otherwise, without being liable to any prosecution, claim or cause of action for damages by reason thereof, and without in anywise affection the obligations of this lease.
9. Lessor shall not be liable to Lessee or Lessee's family, employees, agents or guests for any damage to person or property caused by the act or negligence of any other Lessee, his family, employees, agents or guests. Lessor shall not be liable for any loss or damage to any property of lessee, Lessee's family, employees, agents or guests at any time located on the premises or in the demised apartments, whether due to theft or suffered by reason of fire, water, rain, hail, lightning, explosion, or any other cause, and all such property shall be at the risk of the owner thereof.
10. If any employee of Lessor renders any service such as moving automobiles, handling of furniture or other articles, cleaning, delivering packages, or any other service, for or at the request of Lessee, his family, employers, or guest, then, for the purpose of such service, such employees shall be deemed that 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 service.
RULES AND REGULATIONS
11. Lessor reserves the right to control the method, manner and time of parking in the parking spaces in and around said apartment, and to control and limit the entry upon the premises by agent, messengers delivery men, solicitors, or salesmen, or any person not a Lessee, his family or guest who seek to enter upon the premises, to the end that there be a minimum of traffic and confusion in and around the premises.
12. Sidewalks, steps, entrances, halls and stairways shall not be obstructed for any purposes other than ingress and egress.
13. Lessee agrees that the water closet and other equipment in the bathroom and kitchen shall not be used for any purpose other than those for which they were constructed, and that no obstructive substances shall be thrown therein. Lessee shall be held responsible for any repairs or damages resulting from the neglect of such equipment or of stoppage in the plumbing pipes as a result thereof, and is obligated to reimburse Lessor promptly, of the necessary and reasonable expense incurred in the repair of such equipment when damage results form such misuse or neglect.
14. Lessee, his family, employees and guests shall not throw any objects, substances or dirt out of the windows, doors, into the hallway, down the stairway of any portion of the building, or into any ventilators or elsewhere in the building; shall not place any bottles or other objects on the outside of the sills of the windows; shall not allow anything whatever to fall from the windows or doors; and shall not hang or shake from the windows, doors, balconies or patio fences, any clothes, clothing, curtains, rugs, mops or like implements or furnishings.
15. Lessor shall provide receptacles for garbage and for trash and Lessee shall comply strictly with the rules of Lessor as to the time and manner of handing such receptacles and garbage and trash.
16. Lessee shall not drive nails or bore or put screws into the walls, woodwork or plastering, or change the tumbler system on any locks or affix any additional locking devices to any part of the building or doors or windows thereof, or in any manner deface the walls or woodwork, floors or ceiling of said premises; nor shall Lessee do any painting or make any alterations to any part of the building, except as provided for under paragraph "5" above. Lessee expressly agrees not to install any air cooling devices other than a circulating fan and no cooling devices may be installed in the windows of the building. Lessee will not install antennas and/or aerials on or about the premises without Lessor's permission.
17. Lessee shall see to it that the windows to the demised premises are closed tightly when it rains or snows and shall reimburse Lessor promptly for any expense of painting, plastering or repair of any character resulting form neglect or carelessness in this respect.
18. Lessee, his family, employees and guests shall maintain order in the building and grounds. Radios, TV, phonographs, hi-fi, or musical instruments shall not be played except in accordance with the rules of the apartment house. Lessee shall not make or permit to be made any disturbing noise on said premises or grounds, nor do anything which will interfere with the rights, comfort or convenience of other Lessees.
19. Lessee shall accept responsibility for the fire extinguisher in his apartment. If damaged or missing, Lessee shall pay Lessor a Fifty ($50.00) dollar fee for replacement.
20. Lessor shall have the right to make such other and reasonable rules form time to time as, in his judgment, may be needed to enhance the cleanliness and orderliness of the premises and the safety and comfort of the occupants of the apartment project. Lessee hereby agrees to abide by such rules, when notified by Lessor.
21. All notices and demands authorized or required to be given to Lessee or that may be necessary hereunder may be served upon Lessee in person, by mail, addressed to him at the leased premised, or affixed to the entry door of the leased premises.
OCCUPANTS
22. It is agreed that the Lessees whose signatures appear below, and no others, shall live in the leased premises during the term of this lease: Provided only that the Lessor may, by supplemental written instrument, executed by competent authority, permit the addition of the name of any person or persons, or the substitution of any such name or names for any of the names set forth in this paragraph. It is understood and agreed that no change in or addition to this instrument shall be binding upon the parties hereto unless and until agreed by supplemental written instrument, signed by Lessee and by competent authority of Lessor, and attached to this lease instrument.
AUTOMATIC RENEWAL
23. If Lessee, or Lessor, desired that this lease terminate at the expiration of its term, he must give to the other written notice at least thirty (30) days prior to that date. Failure of either party to give this required notice will automatically renew this lease on a month to month basis at the same monthly rental; unless the Lessor, due to increased operating costs, deems it necessary to raise the rental rate, said rate may then be increased by the Lessor by giving notice to the Lessee thirty (30) days in advance. The lease may then be terminated by the Lessee by giving notice to the Lessor thirty (30) days in advance, tenancy to terminate at the expiration of such thirty (30) day period. All 30 day notices to vacate must be accompanied w/ a self addressed envelope, so your deposit can be mailed.
SECURITY DEPOSIT
24. Lessee has this day made a deposit with Lessor in the amount of $ which shall be used by Lessor to pay for any damages caused by Lessee, his family, employees, or visitors, in accordance with and as provided by this agreement and the Security Deposit agreement. Should Lessee leave the premises in such condition that Lessor must incur expenses for cleaning the premises, then the amount of such expense incurred by Lessor shall be withheld from this deposit. Lessee agrees to maintain the deposit at the amount above stated, should it become reduced or depleted, and the amount of such deposit shall not be deemed to be the maximum liability of Lessee for damages and/or cleaning expenses, but lessee shall be liable for any additional amounts required to pay for damages and/or cleaning expenses. Upon termination of this agreement, Lessor shall refund any unused portion of said deposit, in accordance with the terms of the Security Deposit Agreement. However, in the event Lessee quits the premises prior to termination of the Lease Agreement, the deposit shall be forfeited to Lessor.
25. PET FEE (PER PET) No animals, birds, or pets of any kind shall be kept in or taken into the leased premises without the prior written consent of Lessor. Upon receipt of such consent Lessee shall pay to lessor the additional sum of $500.00 which shall be used by lessor as a pet occupancy fee. Any damages will be assessed and charged accordingly. Lessees liability to Lessor for damages caused by animals or pets shall not be limited by the amount of the pet fee. PET FEES ARE NON-REFUNDABLE. WE ALLOW 1 PET PER UNIT. NO PET OVER 10 POUNDS IS ALLOWED.
PETS: NO___ YES_____ Type: _________
OTHER
26. It is the intention of the parties hereto to conform to all governmental laws and regulations. All provisions herein inconsistent with such laws and regulations in force at the time any controversy may arise shall be deemed to provide as required by said laws and regulations, and, if for any reason any provision of this agreement is invalid, that provision will be considered several from all remaining parts hereof.
27. Failure to exercise any right given by this agreement shall not be waiver of any such future right.
28. 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.
29. It is understood that the terms "Lessor" and "Lessee" are used in the agreement, and they shall include the plural and shall apply to persons, both male and female. All obligations of Lessee are several and in solido.
30. Failure of Lessee to pay any rent, or other amount due under this lease, when same is due, or failure of Lessee to perform any other covenant or obligation of this, shall give Lessor the right to immediately terminate this lease and collect all rent accrued to the termination date, plus all damages sustained. Should it be necessary for Lessor to employ an attorney to enforce or defend any of Lessor's rights or remedies hereunder, whether or not suit is brought by either party, Lessee agrees to pay to Lessor stipulated attorney's fee in the amount of 25% of the amount due by Lessee or a minimum attorney's fee of one hundred ($100.00) dollars, together with all other costs of collections.
31. It is mutually agreed that all of the Rules and Regulations attached to and printed upon this instrument shall be and are hereby made apart of this lease, and Lessee covenants and agrees that he or his employees, agents, friends, and any persons who may be occupying or visiting the leased premises, will, at all times observe, perform and abide by said Rules and Regulations, and it is specifically understood that any violation by Lessee or any of the above specified individuals shall be breach of this lease.
32. Lessee acknowledges that in conjunction with the execution of this lease, Lessee has executed and received a Security Deposit Agreement, said agreement setting forth the rules for the return of the Security Deposit made herein, and Lessee has further received the necessary pamphlets or instruction booklets for the proper maintenance of all equipment, (i.e. garbage disposal, dishwasher, etc.,) furnished is said premises.
33. Lessee acknowledges that he is responsible for all actions of his household and guests with regard to any violation of the covenants or terms of this lease, whether or not Lessee is present at the time any such violation occurs. Lessee agrees that no person under 18 years of age, who is not listed as a permanent occupant of the demised premises in Paragraph 22 of the Lease, may spend more that 4 nights in one calendar month in the premises without written permission of Lessor. Lessee agrees that any person not listed in Paragraph 22 of the Lease who spends more that 14 days in one calendar month in the demised premises shall be considered an occupant and must be added to the Lease Agreement, subject to the provisions of Paragraph 22 of said Lease. If due to falsification of the Application for Apartment or violation of any of the covenants or terms of the Lease, Lessee is requested to vacate the premises to or at the end of any Lease term, regardless of whether formal eviction proceedings are held, all deposits of Lessee will be forfeited.
OTHER CONDITIONS
This Lease is Valid only through Credit Approval.
$200.00 will be deducted from your deposit for cleaning the floors and cleaning the kitchen and bathroom(s) when you move. The cleaning charge is subject to increase. No items are to be left in the unit (including fireplace) and keys must be returned or pay a $50.00 fine!
UTILITIES MUST BE TURNED ON FIVE DAYS PRIOR TO MOVING IN. NO EXCEPTIONS TO THIS RULE. WE NEED THIS TO BEGIN WORK.
There is a $20.00 non-refundable application fee per person!
NO CASH IS ACCEPTABLE. ALL CHECKS/MONEY ORDERS ARE PAYABLE TO DARRYL D. SMITH.
*Automatic Draft for tenant’s rent and/or water is MANDATORY and will be withdrawn from your financial institution on the 1st of every month*. Cancellation of your auto draft prior to your lease expiration will result in a $500 fine.
Executed and delivered at______________ this ________day of __________________
BY AGENT OF LESSOR ____________________________ X___________________________________
X___________________________________
SEE ATTACHED ADDENDUM TO LEASE AGREEMENT. THANK YOU.
NO PARTIES ALLOWED ON OUR PROPERTIES, $500.00 FINE WILL BE GIVEN.
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