Lease is a synallagmatic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay. A person may also lease his own services or those of another person. A predial lease is one in which the object is a tract of land.
The parties may agree on the duration of the lease and on any other matter to which the law does not prohibit them from derogating. In the absence of agreement, the following articles govern.
All things, corporeal or incorporeal, that are susceptible of ownership may be the object of a lease, except those that are inseparable from their owner.
A lease of a thing that does not belong to the lessor is not null; it may be rescinded by the true owner.
The lessee has the right to sublease the leased thing or to assign the lease to another person, unless the lease prohibits it. The lessor may not unreasonably withhold consent to a sublease or assignment if the lease requires consent.
The lessor is bound to deliver the thing to the lessee, to maintain the thing in a condition suitable for the purpose for which it was leased, and to protect the lessee's peaceful possession of the thing for the duration of the lease.
At the commencement of the lease, the thing must be in a condition suitable for the purpose for which it was leased.
During the lease, the lessor is bound to make all repairs that become necessary to maintain the thing in a condition suitable for the purpose for which it was leased, except those repairs that are only for the account of the lessee.
The rent may consist of any determinate sum of money or other performance. The rent is due at the beginning of each month for monthly leases, at the beginning of each rental period for other periodic leases, and at the commencement of the lease term for leases with a fixed term, unless otherwise agreed.
The lessee is bound to pay the rent, to use the leased thing as a prudent administrator and in accordance with the purpose for which it was leased, and to return the thing at the end of the lease in the condition stipulated or in the condition in which it was received.
The lessee may make alterations or improvements to the leased thing only with the lessor's consent. Unauthorized alterations or improvements may be removed by the lessee at the end of the lease if removal can be accomplished without causing damage to the leased thing. If removal cannot be accomplished without damage, the lessor may require the lessee to restore the thing to its former condition.
At the end of the lease, the lessee is bound to return the thing to the lessor in the condition stipulated or in the condition in which it was received, except for normal wear and tear or as otherwise provided by law.
A lease may be for a fixed or indeterminate term. A lease for a fixed term ends when the term expires. A lease for an indeterminate term may be terminated by either party by giving notice as provided in Article 2728.
If, after the expiration of the agreed term, the lessee continues to possess the leased thing with the acquiescence of the lessor, the parties are presumed to have consented to a new lease of indeterminate duration. The new lease preserves the right of third parties that arose during the original lease.
When a lease of an immovable is for an indeterminate period, either party may terminate it by giving notice to the other. A month-to-month lease requires written notice of at least 10 days before the end of the monthly period to terminate at the end of that period.
When the notice to terminate is given, the lease shall end on the last day of the rental period for which the notice was given. The lessee shall have no right to remain on the leased premises after the lease has ended.
The lessor warrants the lessee that the thing is free from vices or defects that prevent its use for the purpose for which it was leased or that diminish its utility so materially that it must be presumed the lessee would not have leased the thing had he known of the vices or defects. The warranty does not cover defects that were known to the lessee at the time of the lease.
If the leased thing has a vice or defect of such a nature as to prevent its use, the lessee may obtain rescission of the lease or reduction of the rent. The lessee may also recover damages, but only when the lessor knew or should have known of the vice or defect, unless the lessor has declared that the thing had no vices or defects.
If during the lease the thing requires a repair that the lessor is bound to make, the lessee must give the lessor reasonable notice of the necessity for that repair. The lessor is then bound to make the repair within a reasonable time. If the lessor fails to do so, the lessee may cause the repair to be made and recover the cost from the lessor, or obtain a reduction of rent, or rescind the lease, according to the circumstances.
If the lessor fails to perform his obligations, the lessee may dissolve the lease or may obtain specific performance in accordance with the provisions of the Louisiana Civil Code.
The lessee is bound to use the leased thing as a prudent administrator and only for the purpose for which it was leased. The lessee is bound to repair any damage to the thing that resulted from his fault or that of persons who, with his consent, are on the premises or use the thing.
If the lessee fails to return the thing at the end of the lease in the condition stipulated or as received, ordinary wear and tear excepted, the lessor may recover damages from the lessee.
The lessee has the right to sublease the leased thing or to assign the lease, unless the lease agreement prohibits it or if the assignment would substantially change the use of the leased thing. When the lease requires consent to sublease or assign, the lessor may not withhold consent unreasonably.
If the lessor's right to the thing is extinguished during the term of the lease, the lease terminates. However, the lessee has the right to remain in possession for the remainder of the lease term if the lessee was in good faith and the lease was recorded.
If the parties have agreed to an inventory or a description of the condition of the leased thing, the lessor must deliver the thing in the condition described in the inventory. In the absence of an inventory or description, the lessee is presumed to have received the thing in good condition.
At the end of the lease, the lessee is presumed to have returned the thing in the same condition as when received, unless the lessor proves otherwise.
If the lessee abandons the leased thing before the end of the lease, the lessor may immediately take possession and the lessee remains liable for the rent. The lessor's duty to mitigate damages applies.
Notice to terminate an indeterminate lease must be in writing and must be given at least ten days before the end of a monthly rental period to be effective at the end of that period.
A landlord may require a security deposit, but the security deposit shall not exceed the equivalent of two months' rent. This Section shall not apply to commercial leases.
Within one month after the termination of the lease or the surrender and acceptance of the premises, whichever occurs last, the landlord shall return the security deposit to the lessee. If any deductions are made from the security deposit, the landlord shall furnish the lessee with an itemized statement of deductions together with the amount due.
If the landlord fails to return the security deposit or fails to give an itemized statement of deductions within one month after termination of the lease or surrender of the premises, whichever occurs last, the tenant may recover the full amount of the security deposit plus reasonable attorney fees and court costs. If the withholding is found to be in bad faith, the tenant may also recover actual damages.
A landlord may deduct from the security deposit only: unpaid rent; costs of repair of damage to the premises beyond normal wear and tear; and unpaid utility charges that the lessee was obligated to pay under the lease.
When ownership of the leased premises is transferred, the seller shall transfer the security deposit to the buyer at closing, or shall return the deposit to the lessee. If the deposit is transferred to the buyer, the buyer assumes the seller's obligations with respect to the deposit.
The provisions of R.S. 9:3251 through 9:3261 apply to all residential leases in Louisiana, whether written or oral, and regardless of duration. They do not apply to commercial leases or to public housing governed by federal law.
When a lessee fails to pay rent when due, the lessor may give the lessee written notice to vacate the premises. The notice shall state that unless the lessee vacates the premises within five days of the notice, the lessor shall file suit to evict the lessee.
When a fixed-term lease expires and the lessee remains in possession without the lessor's consent, the lessor may give the lessee written notice to vacate within five days. For leases of indeterminate duration, the provisions of CC Art. 2687 and 2728 govern termination by notice.
When the lessee violates a term or condition of the lease, the lessor may give the lessee written notice to vacate within five days, or such longer period as the lease may provide. Louisiana does not provide a statutory cure period for lease violations.
The notice to vacate shall be in writing and shall be served on the lessee personally, or left at the lessee's dwelling by handing it to a person of suitable age and discretion residing therein, or by affixing it to a principal door of the premises if no one of suitable age is found there. A copy shall also be sent by first class mail.
After expiration of the notice to vacate period without compliance by the lessee, the lessor may file a rule to show cause (petition for eviction) in the court of proper jurisdiction, demanding that the lessee show cause why a judgment of eviction should not be rendered against him.
The rule to show cause shall be served on the lessee at least two days before the hearing, in the same manner as service of citation in ordinary proceedings. The rule shall state the date, time and place of the hearing.
At the hearing, if the court finds in favor of the lessor, the court shall render a judgment of eviction and order the lessee to vacate the premises. The lessee may assert any defense or reconventional demand arising from the lease. The judgment may include amounts due for unpaid rent, damages, and attorney fees if provided by the lease.
If the lessee does not vacate the premises within twenty-four hours after judgment of eviction is signed, or within such additional time as the court may allow, the lessor may obtain a writ of possession from the clerk. The writ shall be executed by the sheriff, who shall remove the lessee and deliver possession to the lessor.
A judgment of eviction may be appealed. The lessee may appeal by filing a suspensive appeal bond within twenty-four hours of judgment, which suspends execution of the writ of possession pending appeal. The amount of the bond shall be fixed by the court and shall be sufficient to cover the rent due during the pendency of the appeal and all damages the lessor might sustain.
City courts in Louisiana have jurisdiction over eviction proceedings regardless of the amount of rent in dispute, when the leased premises are located within the city court's territorial jurisdiction.
A justice of the peace court has jurisdiction over eviction proceedings when the monthly rental does not exceed one thousand dollars and the leased premises are located within the justice of the peace's territorial jurisdiction.
Any provision of a lease that waives or limits the lessee's rights under R.S. 9:3251 through 9:3260 shall be null and void as contrary to public policy.
No interest shall be required on security deposits held by landlords in Louisiana, unless otherwise agreed in the lease.
The lessor of an immovable has a privilege on the movables of the lessee that are found on the leased premises to secure the payment of rent and other obligations of the lessee arising from the lease. The privilege exists for the rent of the current and of the preceding year.
The lessor may prevent the removal of the movables subject to the privilege from the leased premises. In order to do so, the lessor shall obtain from the court a writ to prevent removal before the movables are removed, unless the movables have been removed clandestinely or without the lessor's consent, in which case the lessor may pursue them to reclaim them.
No person shall be denied the benefits of, or be subjected to discrimination in any public housing or federally assisted housing program in Louisiana on the basis of race, color, religion, sex, national origin, familial status, or disability.
It is the public policy of Louisiana to provide for fair and equal housing opportunities for all citizens of Louisiana. Discriminatory housing practices based on race, color, religion, sex, national origin, familial status, disability, or ancestry are prohibited.
A landlord may charge a reasonable fee for processing a rental application. The fee shall not exceed the actual cost of the background check and credit report. If the unit is not rented to the applicant, the fee is not refundable unless the landlord fails to process the application.
A lease of an immovable for a term exceeding one year must be in writing and recorded to be effective against third parties. A verbal lease for a term of one year or less is valid between the parties.
A lessor may dissolve a lease before the end of its term if the lessee fails to fulfill the obligations of the lease. The lessor must give the lessee written notice of the breach and afford a reasonable opportunity to cure before seeking dissolution.
If a lessor wrongfully withholds the security deposit in bad faith, the lessor shall be liable to the lessee for the amount wrongfully withheld plus actual damages and reasonable attorney fees. Bad faith is presumed if the lessor fails to provide an itemized statement of deductions within one month.
An oral lease may be proved by the testimony of either party or by other competent evidence. In the absence of proof of the terms of an oral lease, the lease shall be presumed to be month-to-month at the last agreed rent.
No lessor shall take possession of leased premises by force or by any other means other than the lawful judicial process prescribed in this Title. Any lessor who takes possession of leased premises outside of judicial process shall be liable to the lessee for damages, including but not limited to actual damages, loss of use, and reasonable attorney fees.
A lessee who is a victim of domestic abuse, sexual assault, or stalking may terminate a residential lease prior to its expiration by providing the lessor with written notice and documentation of the abuse. The lessee shall be responsible only for rent through the date of vacating and shall not be liable for early termination fees. The security deposit shall be returned within 30 days subject to allowable deductions.
During a gubernatorially declared state of emergency or disaster, the Governor may by executive order modify or suspend the application of Louisiana lease and eviction statutes as necessary to protect public welfare. Such modifications may include suspension of eviction proceedings, extension of notice periods, or other relief as declared.
If the leased thing is totally destroyed, the lease is terminated. If the leased thing is partially destroyed or seriously damaged, the lessee may obtain a reduction of rent proportionate to the diminution in the usefulness of the thing, or may terminate the lease. If the partial destruction was caused by the lessee, neither reduction of rent nor termination is permitted.
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