DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 388 Original 2020 Regular Session Landry
Abstract: Provides a grace period for nonpayment of rent, changes the notice requirement for
month-to-month residential leases, and removes the ability for the lessee to waive their notice
requirements, with exceptions.
Present law provides for the dissolution of residential leases 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 10 days from the day payment is due.
Proposed law provides that lessor may immediately dissolve the lease by giving written notice by
the 10
th
day if lessee fails to pay rent.
Proposed law provides that the lessor may immediately dissolve the lease by written notice of
dissolution to the lessee if the lessee fails to pay rent on an additional occasion within a 6-month
period after the first failure to pay rent.
Present law provides that notice of termination in a month-to-month lease shall be given on or before
10 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
on 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.
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 the
lessor, or any occupant of the premises or adjacent property.
(Amends C.C. Arts. 2704 and 2728(2) and C.C.P. Art. 4701)