COLVIN RENTALS, LLC

                                                                 LEASE AGREEMENT

                                                                                 LAKE HOUSE

 

 

PH# 318-255-0245                                                                                             FAX 318-254-1198               

VICKI COLVIN                                                                                                 CELL 318-245-5459                                                                                                                                                                                                                                                                                                                                                       LOYD COLVIN                                                                                           

   

   

    AGREEMENT OF LEASE MADE THIS _________ DAY OF _________________, 20____, BY  COLVIN RENTALS, LLC,  HEREINAFTER CALLED LESSOR, AND _______________________________________________________________ HEREINAFTER CALLED LESSEE.

    LESSOR DOES HEREBY RENT AND LEASE UNTO LESSEE THAT CERTAIN LAKE CLAIBORNE PROPERTY LOCATED ON LAKE CLAIBORNE, HOMER, LA., FOR A PERIOD OF _________                                                         COMMENCING                        20___ AND ENDING ON ___________________ 20____.   SAID PROPERTY IS HEREIN AFTER REFERRED TO AS THE PREMISES.

 

    AS RENTAL, LESSEE AGREES TO PAY LESSOR THE SUM OF __________DOLLARS PER MONTH, PAYABLE TO LESSOR BY AUTOMATIC DRAFT ON THE 5TH OF EACH CALENDAR MONTH THROUGHOUT THE TERM OF THIS LEASE, BEGINNING WITH THE COMMENCEMENT DATE OF THIS LEASE; PROVIDED, THAT IF THE COMMENCEMENT DATE OF THIS LEASE SHALL BE OTHER THAN THE FIRST DAY OF A CALENDAR MONTH, THEN THE RENTALS FOR THE REST OF THAT MONTH SHALL BE PRORATED FOR THE NUMBERS OF DAYS IN THAT MONTH. THE RENTALS FOR THE NEXT AND ALL SUCCEEDING MONTHS SHALL BE DUE AND PAYABLE ON THE FIRST DAY OF EACH CALENDAR MONTH IN ADVANCE.  IN THE EVENT THAT MONTHLY RENT IS NOT PAID BY THE FIFTH DAY OF THE MONTH, THEN A 10% LATE CHARGE SHALL APPLY.   IF THE RENT IS STILL NOT PAID BY THE TENTH DAY OF THE MONTH, THEN LESSOR SHALL HAVE THE RIGHT TO DECLARE LESSEE’S DAMAGE DEPOSIT FORFEITED AND, AT THE LESSORS OPTION, CAUSE ALL REMAINING INSTALLMENTS OF RENT TO BECOME IMMEDIATELY DUE AND PAYABLE IN A SINGLE INSTALLMENT OR, ALTERNATIVELY, CAUSE THIS LEASE TO BE FULLY CANCELED AND TERMINATED, WITHOUT NECESSITY OF PLACING LESSEES IN DEFAULT ON ACCOUNT OF DELINQUENCY IN PAYMENT OF THE RENT, OR DOUBLE THE LATE FEE.   SHOULD LESSOR CHOOSE TO CANCEL AND TERMINATE THE LEASE AS PROVIDED HERE AND ABOVE, LESSEES SHALL NEVERTHELESS BE OBLIGATED TO LESSOR FOR ANY DAMAGES SUSTAINED.   IN THE EVENT LESSEES DEFAULT ON ANY TERMS OF THIS LEASE AND ARE EVICTED, LESSESS WILL BE LIABLE FOR ANY DAMAGES SUSTAINED BY LESSOR INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGES, REPAIRS, AND THE LOSS OF ANY RENT DURING ANY REMAINING TERM OF THE LEASE.

 

    NO PETS SHALL BE ALLOWED, EVEN TEMPORARILY, ANYWHERE ON THE LEASED

PREMISES, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSORS.  LESSEES WILL BE

SUBJECT TO CHARGES, DAMAGES, AND EVICTION PROVISIONS OF THIS LEASE IF THIS

PROVISION IS VIOLATED.  IF A PET HAS BEEN KEPT ON THE LEASED PREMISES AT ANY

TIME DURING THE LEASE, THE DEPOSIT WILL BE FORFEITED.

   

   NO SMOKING WILL BE PERMITTED INSIDE THE HOUSE. LESSEES WILL BE

SUBJECT TO CHARGES, DAMAGES, AND EVICTION PROVISIONS OF THIS LEASE IF THIS

PROVISION IS VIOLATED.  IF THERE IS ANY EVIDENCE OF SMOKING ON THE LEASED PREMISES AT ANYTIME DURING THE LEASE, THE DEPOSIT WILL BE FORFEITED.

 

    THIS LEASE MAY NOT BE ASSIGNED OR SUBLET IN WHOLE NOR IN PART, AND LESSEES

ARE NOT PERMITTED TO ALLOW GUESTS TO LIVE IN THE AFOREMENTIONED

PROPERTY DURING LESSEES’ ABSENCE THEREFROM.  NO ONE OTHER THAN LESSEES

MAY LIVE IN OR OCCUPY THE LEASED PREMISES.

 

    LESSEES HAVE THOROUGHLY INSPECTED AND ACCEPT THE LEASED PREMISES “AS IS”

AND LESSORS HAVE MADE NO IMPLIED WARRANTIES AS TO THE CONDITION OF THE

LEASED PREMISES.  LESSEES SHALL NOTE IN WRITING ANY DEFECTS OR DAMAGE TO THE LEASED PREMISES AND DELIVER  TO LESSORS BY MAIL AND POSTMARKED NO LATER THAN THREE DAY AFTER THE BEGINNING DATE OF THIS LEASE; OTHERWISE, THE LEASED PREMISES WILL BE DEEMED TO BE CLEAN AND IN GOOD CONDITION.   A VIDEO TAPE AND WRITTEN CHECK LIST WILL BE MADE WITH IN THE WEEK PRIOR TO OCCUPANCY AS EVIDENCE OF CONDITION OF THE PREMISES.   PREMISES SHALL BE PEST FREE WHEN RENTED.  LESSEES ARE EXPECTED TO USE GOOD HOUSEKEEPING PRACTICES TO MAINTAIN PEST FREE STATUS.   LESSEES AGREE TO SURRENDER THE LEASED PREMISES AT THE END OF THE TERM OF THIS LEASE AND ANY EXTENSION THEREOF IN THE SAME CONDITION AS OF THE DATE OF POSSESSION, REASONABLE WEAR OR TEAR EXCEPTED.  REASONABLE WEAR MEANS WEAR, WHICH OCCURS WITHOUT NEGLIGENCE, CARELESSNESS, ACCIDENT OR ABUSE.  IF LESSEES FAIL TO CLEAN THE LEASED PREMISES, INCLUDING EXTERIOR CLEANING, REASONABLE CHARGES TO COMPLETE SUCH CLEANING SHALL BE DEDUCTED FROM THE SECURITY DEPOSIT.   LESSEES SHALL MAKE NO ALTERATIONS TO THE LEASED PREMISES, OR ITS CONTENTS WITHOUT THE PRIOR WRITTEN CONSENT OF LESSORS.  LESSEES SHALL NOT REMOVE LESSORS’ ACCESSORIES, FIXTURES OR FURNITURE FROM THE LEASED PREMISES FOR ANY REASON, WITHOUT WRITTEN PERMISSION.

 

     LESSORS SHALL FURNISH LIGHT BULBS/SMOKE DETECTOR BATTERIES AND CHARGED FIRE EXTINGUISHER, AT THE TIME OF POSSESSION WHICH WILL BE REPLACED BY LESSEE , AS NEEDED, AND WILL BE WORKING AT THE TERMINATION OF THE LEASE.   LESSEES SHALL NOT REMOVE LESSORS’ FIXTURES OR APPLIANCES FROM THE LEASED PREMISES FOR ANY REASON. LESSEES SHALL NOT PAINT, CARPET OR WALLPAPER WITHOUT THE WRITTEN CONSENT OF LESSORS. DISCONNECTING OR INTENTIONALLY DAMAGING A SMOKE DETECTOR/FIRE EXTINGUIHSER OR REMOVING A BATTERY WITHOUT IMMEDIATELY REPLACING IT WITH A WORKING BATTERY MAY SUBJECT TENANT TO CIVIL PENALTIES AND LIABILITY FOR DAMAGES AND ATTORNEY FEES, IN ADDITION TO SERVICE CALL CHARGES  FOR REPAIRS OR REPLACEMENTS.

 

     LESSEES SHALL CLOSE ALL WINDOWS WHEN ITS RAINING OR UPON LEAVING THE

PREMISES.    ANY DAMAGE FROM WIND OR RAIN CAUSED BY WINDOWS LEFT OPEN OR

DAMAGE BY OVERFLOW OF WATER OR STOPPAGE OF DRAINS, BREAKAGE OF GLASS,

DAMAGE TO SCREENS, OR DAMAGE TO LAWNS OR LANDSCAPES DUE TO NEGLECT OR

ABUSE WILL BE THE RESPONSIBILITY OF LESSEES TO PAY FOR ALL COST INCURRED FOR

REPLACEMENT OR REPAIR.   LESSEES SHALL LOCK ALL DOORS AND WINDOWS  UPON LEAVING THE PREMISES. 

 

    LESSEES SHALL PARK ON  SPECIFICALLY ASSIGNED AREAS, TAKING CARE THAT NEIGHBOR’S  PARKING SPACES ARE NOT TAKEN OR BLOCKED BY LESSEES OR THEIR GUESTS.  IT IS THE RESPONSIBILITY OF THE LESSEES TO INFORM GUEST OF ACCEPTABLE PARKING AREAS.  IN WET WEATHER, STAY ON THE  CONCRETE.  TENANT WILL BE RESPOSIBLE FOR DAMAGES  TO YARDS CAUSED BY VEHICLES. 

     

       IF LESSEES LEAVE SAID PREMISES UNOCCUPIED AT ANY TIME WHILE RENT IS DUE AND UNPAID, LESSORS MAY IF DESIRED, TAKE IMMEDIATE POSSESSION THEREOF AND EXCLUDE RESIDENTS THEREFROM; REMOVING AND STORING AT THE EXPENSE OF LESSEES, ALL PROPERTY FOUND CONTAINED THEREIN.  AFTER SAID CONTENTS HAVE BEEN IN STORAGE FOR THIRTY DAYS PRIOR BY THE LESSORS, THEY MAY DISPOSE OF CONTENTS AS THEY SO DESIRE.

 

       LESSEES SHALL KEEP ALL TRASH IN PROVIDED TRASH CAN.  TRASH CAN SHOULD BE PUT AT THE CURB OF BREAM ISLAND  ROAD  SUNDAY EVENING TO BE PICKED UP MONDAY MORNING.   TRASH CANS SHOULD THEN BE REPLACED TO THE CARPORT AREA BY MONDAY EVENING.  DO NOT BLOCK MAILMAN WITH TRASH CANS.  EXTERIOR OF PREMISES ARE TO BE KEPT NEAT AND CLEAN.

 

       LESSEES SHALL NOT USE OR PERMIT THE PREMISES TO BE USED FOR ANY ILLEGAL OR IMPROPER PURPOSES, NOR PERMIT ANY DISTURBANCE, OR NOISE OR ANNOYANCES,

WHATSOEVER, DETRIMENTAL TO THE INHABITANTS OF THE PREMISES OR TO THE

REASONABLE COMFORT OF THE OTHER INHABITANTS OF THIS NEIGHBORHOOD, INCLUDING BUT NOT LIMITED TO, PLAYING MUSICAL INSTRUMENTS OR RADIOS, TAPES, RECORDS OR TELEVISION SETS, TALKING AND VEHICLE NOISE, BEFORE 8:00 A.M. OR AFTER 10:00 P.M. LOUD ENOUGH TO DISTURB NEIGHBORS. 

   

    LESSEES SHALL NOTIFY LESSORS IMMEDIATELY UPON DISCOVERING ANY DAMAGES OR NEEDED REPAIRS IN, ON AND ABOUT THE LEASED PREMISES, ESPECIALLY WATER LEAKS.  LESSOR SHALL KEEP PREMISES IN GOOD REPAIR; PROVIDED HOWEVER THAT THE COST OF ANY REPAIRS BE REASON OF ANY SERVANTS, EMPLOYEES, AGENTS, GUESTS, VISITORS OR INVITEES, SHALL BE PAID FOR BY THE LESSEE WITHIN TEN DAYS OF DEMAND BY LESSOR.

  

    LESSORS SHALL HAVE THE RIGHT TO ENTER THE PREMISES FOR THE PURPOSE OF INSPECTION AND TO MAKE NECESSARY REPAIRS, AND, BEGINNING THIRTY DAYS PRIOR TO THE TERMINATION OF THIS LEASE, TO ENTER THE PREMISES AT REASONABLE TIMES TO DISPLAY AND SHOW SAME.   WE CHANGE THE AIR FILTERS EVERY 60 DAYS OR SO. 

 

    LESSORS SHALL NOT BE LIABLE TO LESSEES, LESSEES’ GUESTS OR OTHER OCCUPANTS

OR PERSONS ON THE LEASED PREMISES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR

OTHER LOSSES TO SUCH PERSONS OR THEIR PROPERTY CAUSED BY OTHER PERSONS,

THEFT, BURGLARY, ASSAULT, OTHER CRIMES, FIRE, WATER, WIND, RAIN, SMOKE OR

OTHER CAUSES.  LESSEES AGREE TO INDEMNIFY AND HOLD LESSORS FREE AND

HARMLESS FROM ANY AND ALL LIABILITY FOR INJURY TO OR DEATH OF ANY PERSON,

OR FOR ANY DAMAGE TO PROPERTY ARISING FROM THE USE AND OCCUPANCY OF THE

LEASED PREMISES BY LESSEES OR FROM THE ACT OR OMISSION OF ANY PERSON OR

PERSONS, INCLUDING LESSEES, IN OR ABOUT THE LEASED PREMISES WITH THE EXPRESS

OR IMPLIED CONSENT OF LESSEES.  LESSORS RECOMMEND THAT LESSEES SECURE

INSURANCE FOR LESSEES’ OWN ACCOUNT TO PROTECT LESSEES FROM THE HAZARDS OF

SUCH LOSSES AS ARE DESCRIBED ABOVE.  LESSEES ARE RESPONSIBLE FOR THE ACTIONS OF THEIR GUESTS.  LESSEES ARE RESPONSIBLE TO ENSURE THE SAFTY OF THEIR GUESTS BY INFORMING THEM OF ANY AND ALL SAFTY WARNINGS IN AND AROUND THE WATERFRONT, AND TO INSURE THAT THEIR GUESTS ABIDE BY THESE SAFTY WARNINGS AND PRECAUTIONS.

 

    LESSEES MAY NOT ALTER THE  UTILITIES AND/OR UTILITY SERVICES FURNISHED TO THE LEASED PREMISES IN ANY MANNER WHATSOEVER.   LESSEES WILL PAY FOR ELECTRIC  UTILITIES AND FOR ANY DEPOSITS NECESSARY TO SECURE SUCH UTILITY SERVICES.  LESSEES AGREE TO MAINTAIN UTILITIES NECESSARY FOR HEATING HOUSE IN COLD WEATHER, TO PREVENT FREEZING OF PIPES AND WATER DAMAGES AND NEVER TURN HEAT TO OFF POSITION IN COLD WEATHER, BUT TURN DOWN TO LOWEST SETTING.   LESSEE MUST CALL BEFORE INSTALLATION OF ANY NEW CABLE OR SATTELITE

 

     LESSEES WILL PAY A CLEANING/DAMAGE  DEPOSIT TO LESSORS IN THE AMOUNT OF___________ DOLLARS, WHICH SAID SUM SHALL BE HELD BY LESSORS DURING THE TERM OF THIS LEASE, AND RETURNED TO LESSEES WITHIN 2 WEEKS OF THE EXPIRATION THEREOF , PROVIDED THAT LESSEES ARE IN FULL COMPLIANCE WITH ALL OF THE TERMS, CONDITIONS AND PROVISIONS THEREOF.    FURTHER, LESSORS MAY RETAIN ALL OR ANY PORTION OF THE AFOREMENTIONED SECURITY DEPOSIT NECESSARY TO MAKE ANY REPAIRS TO THE LEASED PREMISES MADE NECESSARY BY LESSEES’ ACTIONS OR INACTIONS , THE FAILURE OF LESSEES TO RETURN THE LEASED PREMISES IN A CLEAN AND NEAT CONDITION OR THE FAILURE OF LESSEES TO RETURN ALL KEYS TO THE AFOREMENTIONED PREMISES.   FURTHER, ALL OR ANY PORTION OF THE SAID DEPOSIT MAY BE RETAINED BY LESSORS IN THE EVENT LESSORS SUSTAIN ANY DAMAGES WHATSOEVER AS A RESULT OF THE BREACH OR VIOLATION OF ANY OTHER TERMS, CONDITIONS OR PROVISIONS OF THIS LEASE.  THE RETENTION OF ALL OR ANY PART OF THE SAID SECURITY DEPOSIT SHALL NOT ACT AS A WAIVER OF ANY OF LESSORS’ OTHER RIGHTS HEREUNDER.   THE SECURITY DEPOSIT WILL NOT BE APPLIED TO THE LAST MONTH’S RENT. THE SAID SECURITY DEPOSIT SHALL NOT BE INTEREST BEARING.

 

   THERE WILL BE A DEDUCTION FROM THE DEPOSIT FOR  PROFESSIONAL CARPET CLEANING AT TERMINATION OF THE LEASE AGREEMENT ( $92—up,  determined by amt charged by cleaner).  TENANTS ARE EXPECTED TO KEEP THE CARPET REASONABLY CLEAN DURING OCCUPANCY, INCLUDING REMOVING STAINS PROMPTLY.  EXTRA CHARGES WILL BE LEVIED TO REMOVE STAINS.  PERMANENT STAINS OR OTHER DAMAGE TO CARPET OR FLOORING WILL RESULT IN APPROPRIATE DEDUCTIONS FROM THE SECURITY DEPOSIT.

 

   LESSEES HEREBY WAIVE THE RIGHT TO A NOTICE TO VACATE AS REQUIRED UNDER

CODE OF CIVIL PROCEDURE ARTICLE 4701, SUCH THAT UPON TERMINATION OF THIS

LEASE, LESSORS MAY IMMEDIATELY INITIATE EVICTION PROCEEDINGS.  EACH LESSEE IS SOLIDARILY LIABLE FOR ALL OBLIGATIONS AND SUMS DUE PURSUANT TO THIS LEASE AGREEMENT.  A LEASE VIOLATION BY ONE LESSEE IS A VIOLATION BY ALL LESSEES.  A SECURITY DEPOSIT REFUND MAY BE MADE IN ONE CHECK JOINTLY PAYABLE TO ALL LESSEES AND SUCH REFUND CHECK AND ITEMIZATION OF DEDUCTIONS MAY BE MAILED TO ONE LESSEE ONLY.

 

     IN THE EVENT LESSEES DEFAULT UPON THE PAYMENT OF RENT DUE HEREUNDER, OR

ANY OTHER OBLIGATIONS OF THE TERMS OF THIS LEASE, THEY OBLIGATE THEMSELVES,

IN SOLIDO, FOR ALL REASONABLE ATTORNEY FEES INCURRED IN THE COLLECTION OF

ANY RENT OR THE ENFORCEMENT OF ANY OF THE TERMS OF THIS AGREEMENT. 

LESSEES FURTHER OBLIGATE THEMSELVES TO PAY ANY AND ALL COURT COSTS

INCURRED IN CONNECTION WITH ANY LEGAL PROCEEDINGS BROUGHT TO ENFORCE THE

TERMS OF THIS LEASE.   

 

     IN THE EVENT LESSES DEFAULT ON ANY TERMS OF THIS LEASE AND ARE EVICTED, LESSESS WILL BE LIABLE FOR ANY DAMAGES SUSTAINED BY LESSOR INCLUDING, BUT NOT LIMITED TO PROPERTY DAMAGES, REPAIRS, AND THE LOSS OF ANY RENT DURING ANY REMAINING TERM OF THE LEASE.

 

    IN THE EVENT OF NATURAL DISASTER OR UNFORSEEN MECHANICAL FAILURE ON THIS PROPERTY, THE LESSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGES OTHER THAN THE REFUND OF THE DEPOSIT, PROVIDED THERE ARE NO DAMAGES TO THE PREMISES BY LESSEES.   IN THE EVENT OF CIRCUMSTANCES BEYOND THE LESSORS CONTROLL, SUCH AS PROPERTY NOT AVAILABLE AS AGREED, LESSEES WILL HOLD THE LESSORS HARMLESS AND ACCEPT REFUND OF RENTAL DOWNPAYMENT AND/OR DEPOSIT. 

   LESSEE AGREES AND UNDERSTANDS THAT OCCUPANCY OF THE PREMISES IS LIMITED TO THE INDIVIDUALS LISTED ON THEIR APPLICATION.  

 

THUS DONE, I AND/OR WE HAVE READ, AND AGREE TO ABIDE BY THE TERMS OF THIS LEASE. I AND/OR WE ACKNOWLEDGE TO HAVE RECEIVED A COPY OF THIS LEASE ON____________ DAY OF ___________________, 20_____.

                                                                                                                                                                           

 

LESSEE                                                                                                                  DATE

 

LESSEE                                                                                                                    DATE