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)