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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 ENROLLED
SENATE BILL NO. 156
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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. During, and prior to entering into, a lease agreement for a residential11
dwelling, the lessor shall disclose in writing to the lessee and any prospective12
lessee any pending foreclosure action to which the residential dwelling is subject13
and the right of the lessee to receive a notification of a foreclosure action14
pursuant to this 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, a17
lessor of a residential dwelling subject to a notice of seizure in a foreclosure18
action shall provide written notice of the seizure to all lessees of the premises.19
C. The written disclosure required in Subsection B of this Section shall20
be signed by the lessor and shall include the name of the district court in which21
the foreclosure action is pending, the case name and docket number and the22
following statement: "This is not a notice to vacate the premises. This notice23
does not mean ownership of the building has changed. All lessees are still24
responsible for payment of rent and other obligations under the rental25
ACT No. 354 SB NO. 156 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
agreement. The lessor is still responsible for his obligations under the rental1
agreement. You will receive additional notice if there is a change in owner."2
D. If a lessee in a civil legal proceeding against an owner or lessor3
establishes that a violation of this Section occurred, the lessee shall be entitled4
to recover two hundred dollars in damages, in addition to any other damages5
or remedies and costs to which the lessee may also be entitled.6
E. The requirements of this Section shall apply to all lessors in7
residential leases, including lessors who are leasing residential dwellings subject8
to a federally-related mortgage loan, as defined in 12 USC 2602, or who have9
entered into a housing assistance payments contract with the public housing10
agency to receive housing subsidies on behalf of a lessee pursuant to Section 811
of the United States Housing Act of 1937, and to all lessees in residential leases,12
including such lessees receiving vouchers or housing assistance pursuant to13
Section 8 of the United States Housing Act of 1937.14
F. The requirements of this Section shall not apply to a federally insured15
financial institution that is asserting its rights as an assignee of a lessor whose16
property is under foreclosure or as a mortgage holder.17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: