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
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 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.
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 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)