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The following excerpts and compilation from state law may not reflect some recent amendments. The best source for current information are the links we provide to state government web sites.
Louisiana Landlord Tenant Law
CHAPTER 2--OF LETTING OUT THINGS
SECTION 1--GENERAL PROVISIONS
Art. 2676. Kinds of lease of things.
Art. 2677. Lessor and lessee, definitions.
Art. 2678. Lease of corporeal things.
Art. 2679. Lease of incorporeal things.
Art. 2680. Lease of right of servitude.
Art. 2681. Lease of thing belonging to another.
Art. 2682. Warranty by lessor of property of another.
Art. 2683. Form of lease, written or verbal.
Art. 2683.1. Commission owed to third party; inclusion in written lease
Art. 2684. Agreed duration of lease.
Art. 2685. Presumed duration of lease of house, where no time specified.
Art. 2686. Notice of termination when no agreement as to duration.
Art. 2687. Presumed duration of lease of predial estate, where no time specified.
Art. 2688. Reconduction of lease of predial estate by continued possession after expiration of term.
Art. 2689. Reconduction of lease of house or room by continued possession after expiration of term.
Art. 2690. Security of original lease inapplicable to reconduction.
Art. 2691. Notice of termination as precluding reconduction.
SECTION 2--OF THE OBLIGATIONS AND RIGHTS OF THE LESSOR
Art. 2692. Obligations arising from nature of contract.
Art. 2693. Delivery and necessary repairs.
Art. 2694. Lessee's right to make repairs upon lessor's failure.
Art. 2695. Lessor's liability for damages from vices and defects.
Art. 2696. Lessor's liability for eviction of lessee.
Art. 2697. Total or partial destruction of thing during lease.
Art. 2698. Alterations by lessor during lease prohibited.
Art. 2699. Impairment of thing leased without fault of lessor.
Art. 2700. Necessary repairs during lease.
Art. 2701. Discrepancy in quantity of estate leased, diminution of rent
Art. 2702. Payment of taxes and other charges.
Art. 2703. Disturbance by third persons without right.
Art. 2704. Disturbance by third persons pretending to have rights; call in warranty.
Art. 2705. Lessor's privilege and pledge on movables of lessee, exemptions.
Art. 2706. Lessor's privilege and pledge on movables of sublessee.
Art. 2707. Movables belonging to third persons
Art. 2708. Movables transiently or accidentally on premises.
Art. 2709. Enforcement of privilege against lessee's effects after removal
SECTION 3--OF THE OBLIGATIONS AND RIGHTS OF THE LESSEE
Art. 2710. Obligations of lessee arising from nature of contract.
Art. 2712. Eviction for nonpayment of rent
Art. 2713. Notice and procedure for eviction
Art. 2714. Execution of eviction order.
Art. 2711. Use of thing leased.
Art. 2715. Repairs to be made by lessee.
Art. 2716. Repairs at expense of lessee.
Art. 2717. Repairs caused by decay or unforeseen events.
Art. 2718. Cleaning of wells and necessaries.
Art. 2719. Return of things leased under inventory.
Art. 2720. Return of things leased without inventory.
Art. 2721. Lessee's liability for damages through fault.
CHAPTER 2--OF LETTING OUT THINGS
SECTION 1--GENERAL PROVISIONS
Art. 2676. Kinds of lease of things.
The letting out of things is of two kinds, to wit:
1. The letting out houses and movables.
2. The letting out predial or country estates.*
*Note that English text is an incomplete translation of French text; subds. 1, 2 should be:
"1. The letting out of houses and movables, which is called a lease for rent;
2. The letting out of predial or country estates, which is called a farming lease."
Art. 2677. Lessor and lessee, definitions.
He who grants a lease is called the owner or lessor. He to whom a lease is made is called the lessee or tenant.*
*English translation of French text incomplete; should include "and, if it is a country estate, the farmer."
Art. 2678. Lease of corporeal things.
All corporeal things are susceptible of being let out, movable as well as immovable, excepting those which can not be used without being destroyed by that very use.
Art. 2679. Lease of incorporeal things.
Certain incorporeal things may also be let out, such as a right of toll, and the like; but there are some which can not be the object of hire, such as a credit.
Art. 2680. Lease of right of servitude.
A right of servitude can not be leased separately from the property to which it is annexed.
Art. 2681. Lease of thing belonging to another.
He who possesses a thing belonging to another, may let it to a third person, but he can not let it for any other use than that to which it is usually applied.
Art. 2682. Warranty by lessor of property of another.
He who lets out the property of another, warrants the enjoyment of it against the claim of the owner.
Art. 2683. Form of lease, written or verbal.
Leases may be made either by written or verbal contract.
Art. 2683.1. Commission owed to third party; inclusion in written lease
Whenever a commission is owed by the lessor to a third party for perfecting the lease of immovable property, the amount of the commission and to whom it is owed shall be clearly stated in the written lease agreement.
Acts 1992, No. 973,§ 1.
Art. 2684. Agreed duration of lease.
The duration and the conditions of leases are generally regulated by contract, or by mutual consent.*
*Note error in English translation of French text; "are generally regulated by contract, or by mutual consent" should be "in general, are purely conventional."
Art. 2685. Presumed duration of lease of house, where no time specified.
If the renting of a house or other edifice, or of an apartment, has been made without fixing its duration, the lease shall be considered to have been made by the month.
Art. 2686. Notice of termination when no agreement as to duration.
The parties must abide by the agreement as fixed at the time of the lease. If no time for its duration has been agreed on, the party desiring to put an end to it must give notice in writing to the other, at least ten days before the expiration of the month, which has begun to run.
Amended by Acts 1924, No. 9.
Art. 2687. Presumed duration of lease of predial estate, where no time specified.
The lease of a predial estate, when the time has not been specified, is presumed to be for one year, as that time is necessary in this State to enable the farmer to make his crop, and to gather in all the produce of the estate which he has rented.
Art. 2688. Reconduction of lease of predial estate by continued possession after expiration of term.
If, after the lease of a predial estate has expired, the farmer should still continue to possess the same during one month without any step having been taken, either by the lessor or by a new lessee, to cause him to deliver up the possession of the estate, the former lease shall continue subject to the same*clauses and conditions which it contained; but it shall continue only for the year next following the expiration of the lease.
*English translation of French text incomplete; should include "price."
Art. 2689. Reconduction of lease of house or room by continued possession after expiration of term.
If the tenant either of a house or of a room should continue in possession for a week after his lease has expired, without any opposition being made thereto by the lessor, the lease shall be presumed to have been continued, and he can not*be compelled to deliver up the house or room without having received the legal notice or warning directed by article 2686.
*English translation of French text incomplete; should include "leave or."
Art. 2690. Security of original lease inapplicable to reconduction.
In the cases provided for in the two preceding articles, the security which may have been given for the payment of the rent shall not extend to the obligations resulting from the lease being thus prolonged.
Art. 2691. Notice of termination as precluding reconduction.
When notice has been given, the tenant, although he may have continued in possession, can not pretend that there has been a tacit renewal of the lease.
SECTION 2--OF THE OBLIGATIONS AND RIGHTS OF THE LESSOR
Art. 2692. Obligations arising from nature of contract.
The lessor is bound from the very nature of the contract, and without any clause to that effect:
1. To deliver the thing leased to the lessee.
2. To maintain the thing in a condition such as to serve for the use for which it is hired.
3. To cause the lessee to be in a peaceable possession of the thing during the continuance of the lease.
Art. 2693. Delivery and necessary repairs.
The lessor is bound to deliver the thing in good condition, and free from any repairs. He ought to make, during the continuance of the lease, all the repairs which may accidentally*become necessary; except those which the tenant is bound to make, as hereafter directed.**
*"Accidentally" has no counterpart in French text.
**"As hereafter directed" has no counterpart in French text.
Art. 2694. Lessee's right to make repairs upon lessor's failure.
If the lessor do not make the necessary repairs in the manner required in the preceding article, the lessee may call on him to make them. If he refuse or neglect to make them, the lessee may himself cause them to be made, and deduct the price from the rent due,*on proving that the repairs were indispensable, and that the price which he has paid was just and reasonable.
*English translation of French text incomplete; should include "and to become due."
Art. 2695. Lessor's liability for damages from vices and defects.
The lessor guarantees the lessee against all the vices and defects of the thing, which may prevent its being used even in case it should appear he knew nothing of the existence of such vices and defects, at the time the lease was made, and even if they have arisen since, provided they do not arise from the fault of the lessee; and if any loss should result to the lessee from the vices and defects, the lessor shall be bound to indemnify him for the same.
Art. 2696. Lessor's liability for eviction of lessee.
If the lessee be evicted, the lessor is answerable for the damage and loss which he sustained by the interruption of the lease.
Art. 2697. Total or partial destruction of thing during lease.
If, during the lease, the thing be totally destroyed by an unforseen [unforeseen] event, or it be taken for a purpose of public utility, the lease is at an end.*If it be only destroyed in part, the lessee may either demand a diminution of the price, or a revocation of the lease. In neither case has he any claim of damages.
*English translation of French text incomplete; should include "by operation of law."
Art. 2698. Alterations by lessor during lease prohibited.
The lessor has not the right to make any alteration in the thing during the continuance of the lease.
Art. 2699. Impairment of thing leased without fault of lessor.
If, without any fault*of the lessor, the thing cease to be fit for the purpose for which it was leased, or if the use be much impeded, as if a neighbor, by raising his walls shall intercept the light of a house leased, the lessee may, according to circumstances, obtain the annulment of the lease, but has no claim for indemnity.
*Note error in English translation of French text; "fault" should be "act."
Art. 2700. Necessary repairs during lease.
If, during the continuance of the lease, the thing leased should be in want of repairs, and if those repairs can not be postponed until the expiration of the lease, the tenant must suffer such repairs to be made, whatever be the inconvenience he undergoes thereby, and though he be deprived either totally or in part of the use*of the thing leased to him during the making of the repairs. But in case such repairs should continue for a longer time than one month, the price of the rent shall be lessened in proportion to the time during which the repairs have continued, and to the parts of the tenement for the use of which the lessee has thereby been deprived.
And the whole of the rent shall be remitted,**if the repairs have been of such nature as to oblige the tenant to leave the house or the room and to take another house, while that which he had leased was repairing.
*Note error in English translation of French text; "either totally or in part of the use" should be "of a part."
**English translation of French text incomplete; should include "during the continuance of the repairs."
Art. 2701. Discrepancy in quantity of estate leased, diminution of rent
If, in the lease of a predial estate, the premises have been stated to be of a greater extent than they in reality are, the lessee may claim an abatement of the rent, in the cases and subject to the provisions prescribed in the title: Of Sale.
Art. 2702. Payment of taxes and other charges.
The lessor, and not the lessee, unless there be a stipulation to the contrary, must bear all the real charges with which the thing leased is burdened. Thus he has to pay the taxes, rents and other dues imposed upon the thing leased.
Art. 2703. Disturbance by third persons without right.
The lessor is not bound to guarantee the lessee against disturbances caused by persons not claiming any right to the premises; but in that case the lessee has a right of action for damages sustained against the person occasioning such disturbance.
Art. 2704. Disturbance by third persons pretending to have rights; call in warranty.
If the persons by whom those acts of disturbance have been committed, pretend to have a right to the thing leased, or if the lessee is cited to appear before a court of justice to answer to the complaint of the person thus claiming the whole or a part of the thing leased, or claiming*some servitude on the same, he shall call the lessor in warranty, and shall be dismissed from the suit if he wishes it, by naming the person under whose rights he possesses.
*Note error in English translation of French text; "answer to the complaint of the person thus claiming the whole or a part of the thing leased, or claiming" should be "be compelled to give up the whole or a part of the thing leased, or to allow."
Art. 2705. Lessor's privilege and pledge on movables of lessee, exemptions.
The lessor has, for the payment of his rent, and other obligations of the lease, a right of pledge on the movable effects of the lessee, which are found on the property leased.
In the case of predial estates, this right embraces everything that serves for the labors of the farm, the furniture of the lessee's house, and the fruits produced during the lease of the land; and in the case of houses and other edifices, it includes the furniture of the lessee, and the merchandise contained in the house or apartment, if it be a store or shop.
But the lessee shall be entitled to retain, out of the property subjected by law to the lessor's privilege, his clothes and linen, and those of his spouse and family; his bed, bedding and bedstead, and those of his spouse and family; his arms, military accoutrements, and the tools and instruments necessary for the exercise of the trade or profession by which he gains his living and that of his family; one cooking stove and utensils of said stove; plates, dishes, knives, forks and spoons; all pots, pans and other cooking utensils; one dining table, and dining chairs necessary for himself and family.
Amended by Acts 1934, No. 107; Acts 1979, No. 711,§ 1.
Art. 2706. Lessor's privilege and pledge on movables of sublessee.
This right of pledge includes, not only the effects of the principal lessee or tenant, but those of the undertenant, so far as the latter is indebted to the principal lessee, at the time when the proprietor chooses to exercise his right.
A payment made in anticipation, by the undertenant to his principal, does not release him from the owner's claim.
Art. 2707. Movables belonging to third persons
The lessor may lawfully seize movables belonging to a third person, when they are contained in the house or store by his own consent, express or implied. The owner is entitled to recover his property, but only by asserting his ownership prior to the judicial sale, in the manner provided by Article 1092 of the Code of Civil Procedure. If he fails to do so, the property may be sold as though it belonged to the lessee.
Acts 1984, No. 66,§ 1.
Art. 2708. Movables transiently or accidentally on premises.
Movables are not subject to this right, when they are only transiently or accidentally*in the house, store, or shop, such as the baggage of a traveler in an inn, merchandise sent to a workman to be made up or repaired, and effects lodged in the store of an auctioneer to be sold.
*"Or accidentally" has no counterpart in French text.
Art. 2709. Enforcement of privilege against lessee's effects after removal
A. In the exercise of this right, the lessor may seize the objects subject to his privilege before the lessee removes them from the leased premises, or within fifteen days after they have been removed by the lessee without the consent of the lessor, if they continue to be the property of the lessee, and can be identified.
B. The lessor may enforce his privilege against movables which have been removed from the leased premises by the sheriff or other officer of the court, without the necessity of a further seizure thereof, and as long as these movables remain in custodia legis.
C. The lessor may obtain an injunction to prevent the lessee from disposing of government entitlements coming into his possession which are attributable to the property leased from the lessor for the preceding crop year. This right may be enforced at any time after the default of the lessee.
Amended by Acts 1960, No. 30,§ 1, eff. Jan. 1, 1961; Acts 1990, No. 942,§ 1.
SECTION 3--OF THE OBLIGATIONS AND RIGHTS OF THE LESSEE
Art. 2710. Obligations of lessee arising from nature of contract.
The lessee is bound:
1. To enjoy the thing leased as a good administrator, according to the use for which it was intended by the lease.
2. To pay the rent at the terms agreed on.
Art. 2711. Use of thing leased.
If the lessee makes another use of the thing than that for which it was intended, and if any loss is thereby sustained by*the lessor, the latter may obtain the dissolution of the lease.
The lessee, in that case, shall be bound to pay the rent, until the thing is again leased out; and the lessee is also liable for all the losses which the owner may have sustained through his misconduct.
*Note error in English translation of French text; "and if any loss is thereby sustained by" should be "or a use which may cause damage to."
Art. 2712. Eviction for nonpayment of rent
A. The lessee may be expelled from the property if he fails to pay the rent when it becomes due.
B. For purposes of this Article, the application for or the receipt of entitlements or funds, under any federal or state rent subsidy program or rent subsidy assistance, shall not be considered payment of rent and shall not be a defense to an action to evict the lessee.
Acts 1992, No. 1108,§ 1.
Art. 2713. Notice and procedure for eviction
A. When the lessor has given notice to the lessee, in the manner and within the delays directed by law, to quit the property, and the lessee persists in remaining on the property, or if the lessee has waived his right to such notice by written waiver contained in the lease and has lost his right of occupancy for any reason, the lessor may have the lessee summoned before a judge or a justice of the peace, and condemned to depart. If the lessee does not comply with the judgment of eviction within twenty-four hours after receiving notice of the judgment, the judge or justice of the peace may order that the lessee be expelled and that the property shall be cleared by the sheriff or constable, at the expense of the lessee.
B. The mode of proceeding in such cases is provided for by special laws.
Amended by Acts 1981, No. 713,§ 2; Acts 2001, No. 289,§ 1.
Art. 2714. Execution of eviction order.
The sheriff or constable charged with the execution of this order, may force the doors and windows, if they are shut, and seize and sell such portion of the effects of the lessee as may be necessary to pay the costs.
Art. 2715. Repairs to be made by lessee.
The lessee is bound to cause all necessary repairs to be made which it is incumbent on lessees to make,*unless the contrary hath been stipulated.
*Note error in English translation of French text; "to cause all necessary repairs to be made which it is incumbent on lessees to make" in CC 1825, and "ipso facto to cause all the necessary repairs to be made which are actually to be made by tenants" in CC 1808 should be "ipso facto for all repairs incumbent upon the lessee, or minor repairs."
Art. 2716. Repairs at expense of lessee.
The repairs, which must be made at the expense of the tenant, are those which, during the lease, it becomes necessary to make:
To the hearth, to the back of chimneys and chimney casing.*
To the plastering of the lower part of interior walls.
To the pavement of rooms, when it is but partially broken, but not when it is in a state of decay.
For replacing window glass, when broken accidentally, but not when broken either in whole or in their greatest part by a hail storm or by any other inevitable accident.
To windows, shutters, partitions, shop windows, locks and hinges,**and everything of that kind, according to the custom of the place.
*Note error in English translation of French text; "chimney casing" and "chimney ornaments" should be "mantelpieces."
**Note error in English translation of French text; this list should read: "To doors, casement windows, wooden partitions and shop shutters, hinges, bolts, locks."
Art. 2717. Repairs caused by decay or unforeseen events.
The expenses of the repairs, which unforeseen events or decay may render necessary, must be supported by the lessor, though such repairs be of the nature of those which are usually done by the lessee.
Art. 2718. Cleaning of wells and necessaries.
The cleaning of wells and necessaries shall be at the expense of the lessor, unless the contrary has been stipulated.
Art. 2719. Return of things leased under inventory.
If an inventory has been made of the premises in which the situation, at the time of the lease, has been stated, it shall be the duty of the lessee to deliver back everything in the same state in which it was when taken possession of by him, making, however, the necessary allowance for wear and tear and for unavoidable accidents.
Art. 2720. Return of things leased without inventory.
If no inventory has been made, the lessee is presumed to have received the thing in good order, and he must return it in the same state, with the exceptions contained in the preceding article.
Art. 2721. Lessee's liability for damages through fault.
The lessee is only liable for the injuries and losses sustained through his own fault.
Art. 2722. Lessee's liability for waste.
He is, however, liable for the waste committed by the persons of his family,*or by those to whom he may have made a sublease.
*Note error in English translation of French text; "family" should be "household."
Art. 2723. Lessee's liability for loss by fire.
He can only be liable for the destruction occasioned by fire, when it is proved that the same has happened either by his own fault or neglect, or by that of his family.*
*Note error in English translation of French text; "family" should be "household."
Art. 2724. Predial lessee's duty to prevent encroachments.
It is the duty of a farmer of a predial estate, to prevent the same being encroached upon, and in case of such encroachment, to give notice to the proprietor, in defect of which he shall be liable in damages.
Art. 2725. Lessee's right to sublease.
The lessee has the right to underlease, or even to cede his lease to another person, unless this power has been expressly interdicted.
The interdiction may be for the whole, or for a part; and this clause is always construed strictly.
Art. 2726. Improvements and additions made by lessee
The right of the lessee to remove improvements and additions he has made to the thing is governed by Articles 493, 493.1, 493.2, and 495.
Amended by Acts 1979, No. 180,§ 2. Acts 1984, No. 933,§ 1.
SECTION 4--OF THE DISSOLUTION OF LEASES
Art. 2727. Expiration of stipulated time.
The lease ceases of course, at the expiration of the time agreed on.
Art. 2728. Loss of thing leased.
It is also dissolved*by the loss of the thing leased.
*English translation of French text incomplete; should include "by operation of law."
Art. 2729. Failure of parties to fulfill obligations.
The neglect of the lessor or lessee to fulfill his engagements, may also give cause for a dissolution of the lease, in the manner expressed concerning contracts in general, except that the judge can not order any delay of the dissolution.
Art. 2730. Termination of lease made by a usufructuary.
A lease made by one having a right of usufruct, ends when the right of usufruct ceases.
The lessee has no right to an indemnification from the heirs of the lessor, if the lessor has made known to him the title under which he possessed.
Art. 2731. Death of parties not cause for dissolution.
A contract for letting out is not dissolved by the death of the lessor, nor by that of the lessee; their respective heirs are bound by the contract.
Art. 2732. Occupation of premises by lessor.
The lessor can not dissolve the lease for the purpose of occupying himself the premises, unless that right has been reserved to him by the contract.
Art. 2733. Sale of thing leased, effect.
If the lessor sells the thing leased, the purchaser can not turn out the tenant before his lease has expired, unless the contrary has been stipulated in the contract.
Art. 2734. Rights of lessee upon occupation by lessor.
If the lessor has reserved to himself in the agreement, the right of taking possession of the thing leased whenever he should think proper, he is not bound to make any indemnification to the lessee, unless it be specified by the contract; the lessor is only bound in that case, to give him the legal notice or warning prescribed in article 2686.
Art. 2735. Lessee's right to indemnity upon sale of thing leased.
If it has been agreed by the parties, at the time the lease was made, that in case the property was sold the purchaser should be at liberty to take immediate possession, and if no indemnification has been stipulated, the lessor shall be bound to indemnify the lessee in the following manner.
Art. 2736. Indemnity upon eviction from house or shop.
If it be a house, room or shop, the lessor shall pay as indemnification to the evicted tenant a sum equal to the amount of the rent, for the time, which, according to article 2686, is to elapse between the notice and the going out.
Art. 2737. Indemnity upon eviction from predial estate.
If it be a predial estate, the indemnification to be paid by the lessor to the evicted farmer, shall be the third of the price of the rent, during the time which has yet to elapse.
Art. 2738. Appraisal of damages by experts in special cases.
The quantum of damages shall be determined by skillful men, when the controversy relates to manufactures, mines and things of that kind, which require great disbursements.
Art. 2739. Notice to vacate given to lessee by purchaser of property.
The purchaser who wishes to use the right reserved by the lease, is moreover bound to give previous notice to the tenant according to article 2686.
The farmers of predial estates shall have one year's notice.
Art. 2740. Payment of indemnity prior to eviction.
Previous to the expulsion of a farmer or tenant, the before prescribed indemnifications must be paid to him, either by the lessor, or, in his default, by the new purchaser.
Amended by Acts 1871, No. 87.
Art. 2741. Verbal lease, no indemnity from purchaser.
If the lease has not been reduced to writing, the purchaser can not be compelled to give any indemnification.
Art. 2742. Sale of leased property with right of redemption, restriction on purchaser's right to evict lessee.
A person who has purchased an estate, the former proprietor of which has reserved by contract the right of redemption, can not turn out the lessee, until, by the expiration of the time fixed for the redemption, the purchaser becomes the irrevocable owner.
Art. 2743. Abatement of rent for unforeseen loss of crops.
The tenant of a predial estate can not claim an abatement of the rent, under the plea that, during the lease, either the whole, or a part of his crop, has been destroyed by accidents, unless those accidents be of such an extraordinary nature, that they could not have been foreseen by either of the parties at the time the contract was made; such as the ravages of war extending over a country then at peace, and where no person entertained any apprehension of being exposed to invasion or the like.
But even in these cases, the loss suffered must have been equal to the value of one-half of the crop at least, to entitle the tenant to an abatement of the rent.
The tenant has no right to an abatement, if it is stipulated in the contract, that the tenant shall run all the chances of all foreseen and unforeseen accidents.
Art. 2744. Abatement of rent for unforeseen loss of gathered crop.
The tenant can not obtain an abatement, when the loss of the fruit takes place after its separation from the earth, unless the lease gives to the lessor a portion of the crop in kind; in which case, the lessor ought to bear his share of the loss, provided the tenant has committed no unreasonable delay in delivering his portion of the crop. |