SLS 13RS-332 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 156
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEASES. Provides relative to leases and residential lessee's right to notification of
foreclosure action. (8/1/13)
AN ACT1
To enact R.S. 9:3260.1, relative to leases; to provide for a residential lessee's right to2
notification of foreclosure action on the leased premises; to provide certain terms,3
conditions, requirements and procedures; to provide for the duties of the lessor,4
including manner and form of notice; to provide for the rights of the lessee, including5
termination of the lease and recovery of certain amounts; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 9:3260.1 is hereby enacted to read as follows:9
ยง3260.1. Lessee's right to notification of foreclosure action10
A. Prior to entering into a lease agreement for a residential dwelling11
unit, the owner or lessor shall disclose in writing whether the premises of the12
unit is subject to any pending foreclosure procedure, and the right of the lessee13
or tenant to receive a notification of a foreclosure action pursuant to this14
Section.15
B. Within seven calendar days after being served pursuant to Code of16
Civil Procedure Article 2293 with a notice of seizure in a foreclosure action, an17 SB NO. 156
SLS 13RS-332 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
owner or lessor of residential premises being seized shall provide a written1
disclosure of such notice of seizure to all lessees or tenants of the premises, and2
to any third party who has a consistent pattern and practice of paying rent to3
the owner or lessor on behalf of a lessee or tenant.4
C. The written disclosure required in Subsection B shall be signed by the5
owner or lessor and shall include the name of the district court in which the6
foreclosure action is pending, the case name and docket number and the7
following statement: "This is not a notice to vacate the premises. This notice8
does not mean ownership of the building has changed. All lessees or tenants are9
still responsible for payment of rent and other obligations under the rental10
agreement. The owner or lessor is still responsible for his obligations under the11
rental agreement. You will receive additional notice if there is a change in12
owner".13
D. A lessee or tenant may in writing terminate the lease agreement if the14
lessor or owner does not provide the written disclosures required by this15
Section. Such termination notice shall specify the date of termination no later16
than thirty days from the date of the termination notice. In addition, if a lessee17
or tenant in a civil legal proceeding against an owner or lessor establishes that18
a violation of this Section occurred, the lessee or tenant shall be entitled to19
recover two hundred dollars in damages, in addition to any other damages or20
remedies and costs to which the lessee or tenant may also be entitled.21
E. The requirements of this Section shall apply to all owners or lessors22
in residential leases, including owners or lessors who are leasing residential23
properties subject to a federally-related mortgage loan, and to all residential24
lessees or tenants, including lessees or tenants receiving vouchers or housing25
assistance dollars pursuant to Section 8 of the United States Housing Act of26
1937.27 SB NO. 156
SLS 13RS-332 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Proposed law provides for residential lessee's right to notification of foreclosure actions.
Proposed law provides that, prior to entering into a lease agreement for a residential dwelling
unit, the owner or lessor shall disclose in writing whether the premises of the unit is subject
to any pending foreclosure procedure, and the right of the lessee to receive notification of
a foreclosure action pursuant to proposed law.
Proposed law provides that, within seven calendar days after being served pursuant to Code
of Civil Procedure Article 2293 with a notice of seizure in a foreclosure action, an owner or
lessor of residential premises being seized shall provide a written disclosure of such seizure
to all lessees or tenants of the premises, and to any third party who has a consistent pattern
and practice of paying rent to the owner or lessor on behalf of the lessee or tenant.
Proposed law provides that the written disclosure required under proposed law shall be
signed by the owner or lessor and shall include the name of the district court in which the
foreclosure action is pending, the case name and docket number and the following statement:
"This is not a notice to vacate the premises. This notice does not mean
ownership of the building has changed. All lessees or tenants are still
responsible for payment of rent and other obligations under the rental
agreement. The owner or lessor is still responsible for his obligations under
the rental agreement. You will receive additional notice if there is a change
in owner".
Proposed law provides that the lessee or tenant may in writing terminate the lease agreement
if the owner or lessor does not provide the written disclosures required under proposed law.
Proposed law provides that such termination notice shall specify the date of termination no
later than 30 days from the date of the termination notice. Proposed law further provides
that, if a lessee or tenant in a civil legal proceeding against an owner or lessor establishes
that a violation of this Section occurred, the lessee or tenant shall be entitled to recover two
hundred dollars in damages, in addition to any other damages or remedies and costs to which
the lessee or tenant may also be entitled.
Proposed law further provides that the requirements of proposed law shall apply to all
owners or lessors in residential leases, including owners or lessors who are leasing
residential properties subject to a federally-related mortgage loan, and to all residential
lessees or tenants, including lessees or tenants receiving vouchers or housing assistance
dollars pursuant to Section 8 of the United States Housing Act of 1937.
Effective August 1, 2013.
(Adds R.S. 9:3260.1)