Some notable principles of lease analysis are:
- Uncertain or ambiguous lease provisions must be construed against the drafter (typically the landlord) and in favor of maintenance of the lease.1
- Oral modifications or the parties’ course of conduct can change a written lease.2
- If the lease does not govern a particular problem, then Louisiana Civil Code arts. 2668-2744 or other applicable laws will govern.
- The lease provision may be unenforceable or prohibited if it violates the law or public policy.3
- If a lease contains conflicting provisions, ordinary principles of contract interpretation may be used to resolve the conflict.
- 1New Orleans Minority Bus. Ctr., Ltd. v. Duong, 97-CV-0894 (La. App. 4 Cir. 11/19/97), 703 So. 2d 157, 158.
- 2Karno v. Joseph Fein Caterer, Inc., 2002-1269 (La. App. 4 Cir. 4/16/03), 846 So. 2d 105, 107–08; Quigley v. T.L. James & Co., 595 So. 2d 1235, 1238 (La. App. 5 Cir. 1992) (finding question of material fact regarding existence of oral modification and holding that the “proponent of an oral amendment must show that there was an oral agreement and meeting of the minds between the lessor and lessee as to the alleged modification”).
- 3La. C.C. art. 1968. For examples of unenforceable lease provisions, see Section 1.5.2.