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2019 Regular Session
SENATE BILL NO. 28
BY SENATOR PRICE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LESSOR/LESSEE. Provides relative to residential leases and eviction requirements.
(gov sig)
1 AN ACT
2 To amend and reenact Civil Code Articles 2704 and 2728(2), and Code of Civil Procedure
3 Articles 4701 and 4732, relative to leases; to provide relative to residential leases;
4 to provide relative to nonpayment of rent and a grace period for such nonpayment;
5 to provide relative to eviction; to provide for notice of termination; to provide for the
6 notice to vacate; to provide for the judgment of eviction; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Civil Code Articles 2704 and 2728(2) are hereby amended and reenacted
10 to read as follows:
11 Art. 2704. Nonpayment of rent
12 If the lessee fails to pay the rent when due, the lessor may, in accordance with
13 the provisions of the Title "Conventional Obligations or Contracts", dissolve the
14 lease and may regain possession in the manner provided by law.
15 Nevertheless, a residential lease shall not be dissolved for the leesee's
16 failure to pay the rent when due unless the rent remains unpaid for a period of
17 at least ten days following the arrival of the term for payment. If the lessee fails
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1 to pay the rent by the tenth day, the lessor may immediately dissolve the lease
2 by giving written notice of dissolution to the lessee. If the lessee fails to pay the
3 rent when due on an additional occasion within a six month period, the lessor
4 may immediately dissolve the lease by giving written notice of dissolution to the
5 lessee.
6 * * *
7 Art. 2728. Notice of termination; timing
8 The notice of termination required by the preceding Article shall be given at
9 or before the time specified below:
10 * * *
11 (2) In a month-to-month residential lease, thirty calendar days before the
12 end of that month; in all other month-to-month leases, ten calendar days before
13 the end of that month:
14 * * *
15 Section 2. Code of Civil Procedure Articles 4701 and 4732 are hereby amended and
16 reenacted to read as follows:
17 TITLE XI. EVICTION OF TENANTS LESSEES AND OCCUPANTS
18 CHAPTER 1. GENERAL DISPOSITIONS
19 Art. 4701. Termination of lease; notice Notice of lessee to vacate; waiver of notice
20 When a lessee's right of occupancy has ceased because of the termination of
21 the lease by expiration of its term, action by the lessor, nonpayment of rent, or for
22 any other reason, and the lessor wishes to obtain possession of the premises, the
23 lessor or his agent shall cause written notice to vacate the premises to be delivered
24 to the lessee. The notice shall allow the lessee not less than five days from the date
25 of its delivery to vacate the leased premises.
26 If the lease has no definite term, the notice required by law for its termination
27 shall be considered as a notice to vacate under this Article. If the lease has a definite
28 term, notice to vacate may be given not more than thirty days before the expiration
29 of the term.
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1 In all cases, a notice to vacate shall state the reasons for termination of
2 the lease.
3 A lessee may waive the notice requirements of this Article by written waiver
4 contained in the lease, in which case, upon termination of the lessee's right of
5 occupancy for any reason, the lessor or his agent may immediately institute eviction
6 proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil
7 Procedure. Nevertheless, in a residential lease, the notice requirements of this
8 Article may not be waived by the lessee unless the lessee's failure to perform
9 seriously affects the health or safety of the lessor, or any person occupying the
10 premises or adjacent property.
11 * * *
12 Art. 4732. Trial of rule; judgment of eviction
13 A. The court shall make the rule returnable not earlier than the third day after
14 service thereof, at which time the court shall try the rule and hear any defense which
15 is made.
16 B. If the court finds the lessor or owner entitled to the relief sought, or if the
17 lessee or occupant fails to answer or to appear at the trial, the court shall render
18 immediately a judgment of eviction ordering the lessee or occupant to deliver
19 possession of the premises to the lessor or owner. The judgment of eviction shall be
20 effective for not less than ninety days. Nevertheless, in exceptional circumstances,
21 the rendition of the judgment of eviction of a residential lessee may be delayed
22 for a reasonable time not to exceed seven calendar days to prevent undue
23 hardship on the lessee.
24 C. The judgement of eviction shall be effective for not less than ninety
25 days.
26 Section 3. This Act shall become effective upon signature by the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
29 vetoed by the governor and subsequently approved by the legislature, this Act shall become
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1 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Xavier I. Alexander.
DIGEST
SB 28 Draft 2019 Regular Session Price
Present law relative to residential leases provides for dissolution of lease for lessee's failure
to pay.
Proposed law provides that a lessor shall not dissolve the lease for a lessee's failure to pay,
unless rent remains unpaid for a period of ten days from the day payment is due.
Proposed law provides that lessor may immediately dissolve the lease by given written
notice, by the 10
th
day if lessee fails to pay rent.
Proposed law provides that if lessee fails to timely pay the rent on another occasion within
a six month period, lessor may immediately dissolve the lease by providing written notice.
Present law provides that notice of termination in a month to month lease shall be given at
or before ten calendar days before the end of that month.
Proposed law provides that notice of termination in a month to month residential lease shall
be given at or before 30 calendar days before the end of that month. Proposed law maintains
present law for all other leases.
Present law provides for notice to lessee to vacate.
Proposed law retains present law and further provides that a notice to vacate shall state the
reason for termination of lease.
Present law provides that a notice to vacate may be waived by a written waiver provided in
a lease.
Proposed law retains present law and further provides that written waiver of notice to vacate
shall not apply in a residential lease, unless lessee's failure to perform affects the health and
safety of lessor, or any occupant of the premises or adjacent property.
Present law provides that the court shall render an immediate judgment of eviction upon
showing that lessor is entitled to relief or occupant fails to answer. Provides that judgment
shall be effective for not less than 90 days.
Proposed law provides that in exceptional circumstances the rendition of a judgment of
eviction of a residential lessee may be delayed not to exceed seven calendar days.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 2704 and 2728(2) and C.C.P. Arts. 4701 and 4732)
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