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Regular Session, 2014
SENATE BILL NO. 298
BY SENATOR DORSEY-COLOMB
LESSOR/LESSEE. Provides relative to lease. (8/1/14)
AN ACT1
To amend and reenact R.S. 9:3251 and 3252 and R.S. 40:506, Civil Code Articles 2694 and2
2726, and Code of Civil Procedure Articles 4701 and 4733, and to enact R.S. 9:3262,3
relative to lease; to provide relative to lease agreements and parties; to provide4
relative to lease terms and conditions; to provide relative to leasing by housing5
authorities; to provide certain requirements, conditions, procedures, and effects; to6
provide relative to repairs of leased property; to provide relative to rent; to provide7
relative to termination of lease; to provide relative to certain lessees and tenants who8
are victims of domestic abuse, dating violence, and family violence; and to provide9
for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 9:3251 and 3252 are hereby amended and reenacted and R.S. 9:326212
is hereby enacted to read as follows:13
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased14
premises; itemized statement by lessor15
A. Any advance or deposit of money furnished by a tenant or lessee to a16
landlord or lessor to secure the performance of any part of a written or oral lease or17 SB NO. 298
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rental agreement shall be returned to the tenant or lessee of residential or dwelling1
premises within one month fourteen days after the lease shall terminate, except that2
the landlord or lessor may retain all or any portion of the advance or deposit which3
is reasonably necessary to remedy a default of the tenant or to remedy unreasonable4
wear to the premises. If any portion of an advance or deposit is retained by a landlord5
or lessor, he shall forward to the tenant or lessee, within one month fourteen days6
after the date the tenancy terminates, an itemized statement accounting for the7
proceeds which are retained and giving the reasons therefor. The lessor shall make8
an oral or written request, and the tenant shall furnish the lessor, a forwarding9
address or an alternate temporary mailing address at the termination of the lease,10
to which such statements may be sent. If the lessor fails to receive a response11
from the lessee within thirty days from such request, the lessor may remove the12
deposit from the account and retain it free from any claim of the tenant or any13
person claiming on the tenant's behalf.14
B. In the event of a transfer of the lessor's interest in the leased premises15
during the term of a lease, the transferor shall also transfer to his successor in interest16
the sum deposited as security for performance of the lease and the transferor shall17
then be relieved of further liability with respect to the security deposit. The18
transferee shall be responsible for the return of the lessee's deposit at the termination19
of the lease, as set forth in Subsection A of this Section.20
C. Paragraph A of this Section shall not apply when the tenant abandons the21
premises, either without giving notice as required or prior to the termination of the22
lease.23
D.(1) Any landlord or lessor of residential property requiring an advance24
or deposit of money to be furnished by a tenant or lessee prior to occupancy as25
provided for in this Section shall deposit all tenants' security deposits in an26
account used only for that purpose, in any bank or other lending institution27
subject to regulation by the state of Louisiana or any agency of the United28
States government.29 SB NO. 298
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(2) No landlord shall be entitled to retain any portion of such an advance1
or deposit of money if that advance or deposit of money was not deposited in an2
account as required by this Subsection and an itemized statement of damages3
is not provided as required by this Section.4
(3) Should a tenant or lessee vacate the premises with unpaid rent or5
other amounts due and owing, the landlord or lessor may remove the deposit6
from the account and apply the monies to the unpaid debt.7
(4) All landlords or lessors of residential property shall be required to8
notify their tenants or lessees at the time such persons sign the lease and submit9
an advance or deposit of money to secure the performance of any part of the10
lease or rental agreement, of the location of the separate account required to be11
maintained pursuant to this Section, but shall not be required to provide the12
account number to such persons, nor shall they be required to provide such13
information to a person who is a prospective tenant.14
* * *15
§3252. Damages; venue16
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or17
lessee the right to recover actual damages or two hundred dollars damages in an18
amount equal to twice the amount of the wrongfully withheld advance or19
deposit whichever is greater, from the landlord or lessor, or from the lessor's20
successor in interest. Failure to remit within thirty days after written demand for a21
refund fourteen days after the date the lease terminates shall constitute willful22
failure.23
B. An action for the recovery of such damages may be brought in the parish24
of the lessor's domicile or in the parish where the property is situated.25
* * *26
§3262. Right to terminate lease in domestic abuse cases27
A. A tenant or lessee who provides written notice to the lessor that such28
tenant or lessee or their child may be a victim of domestic abuse, dating29 SB NO. 298
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violence, or family violence from a named person if the tenant or lessee or their1
child remains on the leased premises shall thereafter be relieved from any2
further obligations under a residential lease agreement if the written notice3
provided to the lessor includes any of the following:4
(1) A certified copy of a protective order or injunction issued after a5
contradictory hearing that protects the tenant or lessee or their child from the6
person named in the written notice.7
(2) A certified copy of a protective order or injunction from another8
jurisdiction, issued pursuant to that jurisdiction's laws relating to domestic9
violence, that protects the tenant or lessee or their child from the person named10
in the written notice.11
(3) A law enforcement agency record documenting the domestic abuse,12
dating violence, or family violence or certifying that the tenant or lessee or their13
child is a victim of domestic abuse, dating violence, or family violence.14
(4) Medical documentation provided by a health care provider of the15
domestic abuse, dating violence, or family violence.16
(5) Certification provided by a domestic violence service provider or the17
director of a designated domestic violence agency that the tenant or lessee or18
their child is a victim of domestic abuse, dating violence, or family violence.19
(6) Documentation or certification provided by a licensed social worker20
that the tenant or lessee or their child is a victim of domestic abuse, dating21
violence, or family violence.22
B. No advance written notice to a lessor of termination shall be required23
for a lease terminating pursuant to the provisions of Subsection (A) of this24
Section, nor shall such termination constitute grounds for a complaint or action25
by the lessor or any credit bureau or collection agency for any amounts or26
penalties or damages claimed due to such termination.27
C. A tenant fulfilling the requirements of Subsection (A) of this Section28
is entitled to the full return of any security deposit, if the tenant has otherwise29 SB NO. 298
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complied with the requirements of the lease. However, a lessor may retain all1
or any portion of the security deposits that is reasonably necessary to remedy2
unreasonable wear or damage to the premises.3
* * *4
Section 2. R.S. 40:506 is hereby amended and reenacted to read as follows:5
§506. Termination of tenancy6
* * *7
D.(1) The local housing authority may not terminate the tenancy of a8
household or a resident or terminate any other assistance provided by the authority9
under Paragraph (B)(1) of this Section for reasons of domestic abuse, dating10
violence, or family violence committed against the head of household, a member of11
household, or a resident. The local housing authority may terminate the tenancy of12
or any other assistance provided to the perpetrator of the domestic abuse, dating13
violence, or family violence. The local housing authority shall allow a tenant to14
transfer to another available and safe dwelling unit administered by the local15
housing authority if the tenant or lessee or their child is a victim of domestic16
abuse, dating violence, or family violence, and if the tenant:17
(a) Expressly requests the transfer; and18
(b) Is threatened with domestic abuse, dating violence, or family19
violence if the tenant or lessee or their child remains within the same dwelling20
unit administered by the local housing authority; and21
(c) Provides the housing authority with any of the following:22
(i) A certified copy of a protective order or injunction, issued after a23
contradictory hearing, that protects the tenant or lessee or their child from the24
person named in the written notice.25
(ii) A certified copy of a protective order or injunction from another26
jurisdiction, issued pursuant to the jurisdiction's law relating to domestic27
violence that protects the tenant or lessee or their child from the person named28
in the written notice.29 SB NO. 298
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(iii) A law enforcement agency record documenting the domestic abuse,1
dating violence, or family violence or certifying that the tenant or lessee or their2
child is a victim of domestic abuse, dating violence, or family violence.3
(iv) Medical documentation provided by a health care provider of the4
domestic abuse, dating violence, or family violence.5
(v) Certification provided by a domestic violence service provider or the6
director of a designated domestic violence agency that the tenant or lessee or7
their child is a victim of domestic abuse, dating violence, or family violence.8
(vi) Other documentation or certification provided by a licensed social9
worker that the tenant or lessee or their child is a victim of domestic abuse,10
dating violence, or family violence.11
(2) The local housing authority shall maintain reasonable confidentiality12
measures to ensure that the location of the dwelling unit of a tenant or lessee or13
their child is not disclosed to the person the tenant identifies to the local housing14
authority at the time the transfer is requested as having been the person who15
committed an act of domestic abuse, dating violence, or family violence against16
the tenant or lessee or their child.17
(2)(3) For purposes of Paragraph (B)(1) of this Section, no person may be18
considered a guest or invitee of a member of a household without the consent of the19
head of household or a member of household. Consent is automatically withdrawn20
when a guest or invitee is a perpetrator of an act of domestic abuse, dating violence,21
or family violence.22
(3)(4) As used in this Subsection:23
(a) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).24
(b) "Dating violence" has the meaning as defined in R.S. 46:2151(C).25
(c) "Family violence" has the meaning as defined in R.S. 9:362(3).26
Section 3. Civil Code Articles 2694 and 2726 are hereby amended and reenacted to27
read as follows:28
Art. 2694. Lessee's right to make repairs29 SB NO. 298
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(A) If the lessor fails to perform his obligation to make necessary repairs1
within a reasonable time after demand by the lessee, the lessee may cause them to2
be made. The lessee may demand immediate reimbursement of the amount expended3
for the repair or apply that amount to the payment of rent, but only to the extent that4
the repair was necessary and the expended amount was reasonable.5
(B) For the purposes of this Article, fourteen days shall constitute a6
reasonable time generally to make necessary repairs, and five days shall7
constitute a reasonable time if the repairs arise from a failure of the lessor to8
perform his obligation to provide essential services such as heat, air9
conditioning, hot and cold running water, plumbing or electricity. Repairs10
necessary to resolve or prevent a serious threat to the health or safety of the11
lessee or other occupant of the leased premises shall be performed promptly by12
the lessor.13
(C) If the lessor fails to make the necessary repairs and their cost is less14
than one month's rent, the lessee may notify the lessor of his intent to make the15
repairs at the lessor's expense. If the lessor fails to perform his obligation16
within the reasonable time provided by this Article, the lessee may cause the17
necessary repairs to be made and provide a statement to the lessor of the18
reasonable amount expended. The cost of such expended amounts shall not19
exceed the sum of one month's rent during any twelve-month period.20
* * *21
Art. 2726. Amendment22
An amendment to a provision of the lease contract that is made without an23
intent to effect a novation does not create a new lease. In a month-to-month24
residential lease, a change in the amount of rent shall be considered a25
substantial modification of the lease contract and not enforceable against the26
lessee unless the lessee consents in writing. 27
Section 4. Code Civ. Proc. Arts. 4701 and 4733 are hereby amended to read as28
follows:29 SB NO. 298
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Art. 4701. Termination of lease; notice to vacate; waiver of notice1
When a lessee's right of occupancy has ceased because of the termination of2
the lease by expiration of its term, or action by the lessor, or nonpayment of rent, or3
for any other reason, and the lessor wishes to obtain possession of the premises, the4
lessor or his agent shall cause written notice to vacate the premises to be delivered5
to the lessee. The notice shall allow the lessee not less than five days thirty days6
from the date of its delivery to vacate the leased premises.7
The lessor may terminate the lease if there has been substantial8
noncompliance by the lessee with the terms of the lease, including the9
commission of unlawful acts, and the lessee has not remedied the noncompliance10
within fourteen days after written notice from the lessor specifying the11
noncompliance and providing that termination of the lease will occur not less12
than thirty days after receipt of the notice.13
If the lease has no definite term, the notice required by law for its termination14
shall be considered as a notice to vacate under this Article. If the lease has a definite15
term, notice to vacate may be given not more than thirty days before the expiration16
of the term.17
A lessor may terminate a lease, without giving the lessee an opportunity18
to remedy a noncompliance, by giving the lessee written notice that the lease will19
terminate on a specified date not less than fourteen days after receipt of the20
notice in the following circumstances: (1) the noncompliance is for nonpayment21
of rent and the tenant failed to pay rent in a timely manner on at least two22
occasions within any consecutive four-month period; or (2) the noncompliance23
is substantially the same act or omission that constituted a prior noncompliance,24
other than for nonpayment of rent, for which notice under this Article had been25
sent within six months preceding the latest noncompliance.26
A lessee may waive the notice requirements of this Article by written waiver27
contained in the lease, in which case, upon termination of the lessee's right of28
occupancy for any reason, the lessor or his agent may immediately institute eviction29 SB NO. 298
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proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil1
Procedure.2
* * *3
Art. 4733. Warrant for possession if judgment of eviction not complied with4
If the lessee or occupant does not comply with the judgment of eviction5
within twenty-four hours not less than three and not more than five days after its6
rendition, the court shall issue immediately a warrant directed to and commanding7
its sheriff, constable, or marshal to deliver possession of the premises to the lessor8
or owner.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Dorsey-Colomb (SB 298)
Present law relative to lease provides that if the lessor fails to perform his obligation to make
necessary repairs within a reasonable time after demand by the lessee, the lessee may cause
them to be made. Present law further provides that the lessee may demand immediate
reimbursement of the amount expended for the repair or apply that amount to the payment
of rent, but only to the extent that the repair was necessary and the expended amount was
reasonable.
Proposed law retains present law, and further provides that 14 days shall constitute a
reasonable time generally to make necessary repairs, and 5 days shall constitute a reasonable
time if the repairs arise from a failure of the lessor to perform his obligation to provide
essential services such as heat, air conditioning, hot and cold running water, plumbing or
electricity.
Proposed law further provides that repairs necessary to resolve or prevent a serious threat
to the health or safety of the lessee or other occupant of the leased premises shall be
performed promptly by the lessor.
Proposed law further provides that if the lessor fails to make the necessary repairs and their
cost is less than one month's rent, the lessee may notify the lessor of his intent to make the
repairs at the lessor's expense. Further provides that if the lessor fails to perform his
obligation within the reasonable time provided by proposed law, the lessee may cause the
necessary repairs to be made and provide a statement to the lessor of the reasonable amount
expended. Proposed law further provides that the cost of such expended amounts shall not
exceed the sum of one month's rent during any 12-month period.
Present law provides that an amendment to a provision of a fixed-term lease contract that is
made without an intent to effect a novation does not create a new lease.
Proposed law retains present law, and further provides that, in a month-to-month residential
lease, a change in the amount of rent shall be considered a substantial modification of the
lease contract and not enforceable against the lessee unless the lessee consents in writing.
Present law provides that when a lessee's right of occupancy has ceased because of the SB NO. 298
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termination of the lease by expiration of its term, action by the lessor, nonpayment of rent,
or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor
or his agent shall cause written notice to vacate the premises to be delivered to the lessee.
Further provides that the notice shall allow the lessee not less than five days from the date
of its delivery to vacate the leased premises.
Proposed law provides that when a lessee's right of occupancy has ceased because of the
termination of the lease by expiration of its term or action by the lessor or nonpayment of
rent, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall
cause written notice to vacate the premises to be delivered to the lessee. Proposed law
further provides that the notice shall allow the lessee not less than 30 days from the date of
its delivery to vacate the leased premises.
Proposed law provides that the lessor may terminate the lease if there has been substantial
noncompliance by the lessee with the terms of the lease, including the commission of
unlawful acts, and the lessee has not remedied the noncompliance within 14 days after
written notice from the lessor specifying the noncompliance and providing that termination
of the lease will occur not less than 30 days after receipt of the notice.
Present law provides that if the lease has no definite term, the notice required by law for its
termination shall be considered as a notice to vacate under present law, and further provides
that if the lease has a definite term, notice to vacate may be given not more than 30 days
before the expiration of the term.
Proposed law retains present law.
Proposed law provides that a lessor may terminate a lease without giving the lessee an
opportunity to remedy a noncompliance by giving the lessee written notice that the lease will
terminate on a specified date not less than 14 days after receipt of the notice in the following
circumstances:
(1)the noncompliance is for nonpayment of rent and the tenant failed to pay rent in a
timely manner on at least two occasions within any consecutive four-month period;
or
(2)the noncompliance is substantially the same act or omission that constituted a prior
noncompliance, other than for nonpayment of rent, for which notice under proposed
law had been sent within six months preceding the latest noncompliance.
Present law provides that a lessee may waive the notice requirements of present law by
written waiver contained in the lease, in which case, upon termination of the lessee's right
of occupancy for any reason, the lessor or his agent may immediately institute eviction
proceedings in accordance with present law.
Proposed law repeals present law.
Present law provides that if the lessee or occupant does not comply with the judgment of
eviction within 24 hours after its rendition, the court shall issue immediately a warrant
directed to and commanding its sheriff, constable, or marshal to deliver possession of the
premises to the lessor or owner.
Proposed law provides that if the lessee or occupant does not comply with the judgment of
eviction within not less than three and not more than five days after its rendition, the court
shall issue immediately a warrant directed to and commanding its sheriff, constable or
marshal to deliver possession of the premises to the lessor or owner.
Present law provides that security deposits provided by a tenant or lessee to a landlord or
lessor to secure the performance of any part of a written or oral lease or rental agreement SB NO. 298
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shall be returned to the tenant or lessee of residential or dwelling premises within one month
after the lease shall terminate, except that the landlord or lessor may retain all or any portion
of the advance or deposit which is reasonably necessary to remedy a default of the tenant or
to remedy unreasonable wear to the premises.
Proposed law retains present law, except that it changes the time period for return of the
security deposit to within 14 days after the lease shall terminate.
Present law provides that if any portion of a security deposit is retained by a landlord or
lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy
terminates, an itemized statement accounting for the proceeds which are retained and giving
the reasons therefor.
Proposed law retains present law, except that it changes the time period for the landlord to
forward to the tenant or lessee an itemized statement accounting for the proceeds retained
from one month to within 14 days after the date the tenancy terminates.
Present law provides that the tenant shall furnish the lessor a forwarding address at the
termination of the lease, to which such statements may be sent.
Proposed law provides that the lessor shall make an oral or written request and the tenant
shall furnish the lessor a forwarding address or an alternate temporary mailing address at the
termination of the lease, to which such statements may be sent. Proposed law further
provides that if the lessor fails to receive a response from the lessee within 30 days from
such request, the lessor may remove the deposit from the account and retain it free from any
claim of the tenant or any person claiming on the tenant's behalf.
Proposed law provides that any landlord or lessor of residential property requiring an
advance or deposit of money to be furnished by a tenant or lessee prior to occupancy as
provided for in proposed law shall deposit all tenants' security deposits in an account used
only for that purpose, in any bank or other lending institution subject to regulation by the
state of Louisiana or any agency of the United States government.
Proposed law provides that no landlord shall be entitled to retain any portion of such an
advance or deposit of money if that advance or deposit of money was not deposited in an
account as required by proposed law and an itemized statement of damages is not provided
as required by proposed law.
Proposed law further provides that, should a tenant or lessee vacate the premises with unpaid
rent or other amounts due and owing, the landlord or lessor may remove the deposit from
the account and apply the monies to the unpaid debt. Proposed law further provides that all
landlords or lessors of residential property shall be required to notify their tenants or lessees
at the time such persons sign the lease and submit a security deposit of the location of the
separate account required to be maintained pursuant to proposed law, but shall not be
required to provide the account number to such persons, nor shall they be required to provide
such information to a person who is a prospective tenant.
Present law provides that the willful failure to comply with present law relating to security
deposits shall give the tenant or lessee the right to recover actual damages or $200,
whichever is greater, from the landlord or lessor, or from the lessor's successor in interest.
Proposed law provides that the willful failure to comply with proposed law relating to
security deposits shall give the tenant or lessee the right to recover damages in an amount
equal to twice the amount of the wrongfully withheld security deposit from the landlord or
lessor, or from the lessor's successor in interest.
Present law provides that failure to remit within 30 days after written demand for a refund
shall constitute willful failure. SB NO. 298
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Proposed law provides that failure to remit within 14 days after the date the lease terminates
shall constitute willful failure.
Proposed law provides relative to the right to terminate a lease in domestic abuse cases.
Proposed law provides that a tenant or lessee who provides written notice to the lessor that
such tenant or lessee or their child may be a victim of domestic abuse, dating violence, or
family violence from a named person if the tenant or lessee or their child remains on the
leased premises shall thereafter be relieved from any further obligations under a residential
lease agreement if the written notice provided to the lessor includes any of the following:
(1)A certified copy of a protective order or injunction issued after a contradictory
hearing that protects the tenant or lessee or their child from the person named in the
written notice.
(2)A certified copy of a protective order or injunction from another jurisdiction, issued
pursuant to that jurisdiction's laws relating to domestic violence, that protects the
tenant or lessee or their child from the person named in the written notice.
(3)A law enforcement agency record documenting the domestic abuse, dating violence,
or family violence or certifying that the tenant or lessee or their child is a victim of
domestic abuse, dating violence, or family violence.
(4)Medical documentation provided by a health care provider of the domestic abuse,
dating violence, or family violence.
(5)Certification provided by a domestic violence service provider or the director of a
designated domestic violence agency that the tenant or lessee or their child is a
victim of domestic abuse, dating violence, or family violence.
(6)Documentation or certification provided by a licensed social worker that the tenant
or lessee or their child is a victim of domestic abuse, dating violence, or family
violence.
Proposed law provides that no advance written notice to lessor of termination shall be
required for a lease terminating pursuant to proposed law, nor shall such termination
constitute grounds for a complaint or action by the lessor or any credit bureau or collection
agency for any amounts or penalties or damages claimed due to such termination.
Proposed law further provides that a tenant fulfilling the requirements of proposed law is
entitled to the full return of any security deposit, if the tenant has otherwise complied with
the requirements of the lease. Proposed law further provides that a lessor may retain all or
any portion of the security deposits that is reasonably necessary to remedy unreasonable
wear or damage to the premises.
Present law provides that the local housing authority may not terminate the tenancy of a
household or a resident or terminate any other assistance provided by the authority under
present law for reasons of domestic abuse, dating violence, or family violence committed
against the head of household, a member of household, or a resident. Present law further
provides that the local housing authority may terminate the tenancy of or any other
assistance provided to the perpetrator of the domestic abuse, dating violence, or family
violence.
Proposed law retains present law.
Proposed law further provides that the local housing authority shall allow a tenant to transfer
to another available and safe dwelling unit administered by the local housing authority if the
tenant or lessee or their child is a victim of domestic abuse, dating violence, or family SB NO. 298
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violence, and if the tenant:
(1)Expressly requests the transfer; and
(2)Is threatened with domestic abuse, dating violence, or family violence if the tenant
or lessee or their child remains within the same dwelling unit administered by the
local housing authority; and
(3)Provides the housing authority with any of the following:
(a)A certified copy of a protective order or injunction, issued after a
contradictory hearing, that protects the tenant or lessee or their child from the
person named in the written notice.
(b)A certified copy of a protective order or injunction from another jurisdiction,
issued pursuant to the jurisdiction's law relating to domestic violence that
protects the tenant or lessee or their child from the person named in the
written notice.
(c)A law enforcement agency record documenting the domestic abuse, dating
violence, or family violence or certifying that the tenant or lessee or their
child is a victim of domestic abuse, dating violence or family violence.
(d)Medical documentation provided by a health care provider of the domestic
abuse, dating violence, or family violence.
(e)Certification provided by a domestic violence service provider or the director
of a designated domestic violence agency that the tenant or lessee or their
child is a victim of domestic abuse, dating violence, or family violence.
(f)Other documentation or certification provided by a licensed social worker
that the tenant or lessee or their child is a victim of domestic abuse, dating
violence, or family violence.
Proposed law provides that the local housing authority shall maintain reasonable
confidentiality measures to ensure that the location of the dwelling unit of a tenant or lessee
or their child is not disclosed to the person the tenant identifies to the local housing authority
at the time the transfer is requested as having been the person who committed an act of
domestic abuse, dating violence, or family violence against the tenant or lessee or their child.
Proposed law retains present law definitions of domestic abuse, dating violence, and family
violence.
Effective August 1, 2014.
(Amends R.S. 9:3251 and 3252, R.S. 40:506, C.C. Arts. 2694 and 2726 and C.C.P. Arts.
4701 and 4733; adds R.S. 9:3262)