HLS 20RS-556 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 388
BY REPRESENTATIVE LANDRY
LESSOR/LESSEE: Provides relative to residential leases and eviction requirements
1 AN ACT
2To amend and reenact Civil Code Articles 2704 and 2728(2) and Code of Civil Procedure
3 Article 4701, relative to leases; to provide relative to residential leases; to provide
4 relative to nonpayment of rent and a grace period for such nonpayment; to provide
5 relative to eviction; to provide for notice of termination; to provide for the notice to
6 vacate; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Civil Code Articles 2704 and 2728(2) are hereby amended and reenacted
9to read as follows:
10 Art. 2704. Nonpayment of rent
11 If the lessee fails to pay the rent when due, the lessor may, in accordance with
12 the provisions of the Title "Conventional Obligations or Contracts", dissolve the
13 lease and may regain possession in the manner provided by law.
14 Nevertheless, a residential lease shall not be dissolved for the lessee's failure
15 to pay the rent when due unless the rent remains unpaid for a period of at least ten
16 days following the arrival of the term for payment. If the lessee fails to pay the rent
17 by the tenth day, the lessor may immediately dissolve the lease by giving written
18 notice of dissolution to the lessee. If the lessee fails to pay the rent when due on an
19 additional occasion within a six-month period, the lessor may immediately dissolve
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HB NO. 388
1 the lease by giving written notice of dissolution to the lessee.
2 * * *
3 Art. 2728. Notice of termination; timing
4 The notice of termination required by the preceding Article shall be given at
5 or before the time specified below:
6 * * *
7 (2) In a month-to-month residential lease, thirty calendar days before the end
8 of that month; in all other month-to-month leases, ten calendar days before the end
9 of that month;
10 * * *
11 Section 2. Code of Civil Procedure Article 4701 is hereby amended and reenacted
12to read as follows:
13 TITLE XI. EVICTION OF TENANTS LESSEES AND OCCUPANTS
14 CHAPTER 1. GENERAL DISPOSITIONS
15 Art. 4701. Termination of lease; notice Notice of lessee to vacate; waiver of notice
16 When a lessee's right of occupancy has ceased because of the termination of
17 the lease by expiration of its term, action by the lessor, nonpayment of rent, or for
18 any other reason, and the lessor wishes to obtain possession of the premises, the
19 lessor or his agent shall cause written notice to vacate the premises to be delivered
20 to the lessee. The notice shall allow the lessee not less than five days from the date
21 of its delivery to vacate the leased premises.
22 If the lease has no definite term, the notice required by law for its termination
23 shall be considered as a notice to vacate under this Article. If the lease has a definite
24 term, notice to vacate may be given not more than thirty days before the expiration
25 of the term.
26 In all cases a notice to vacate shall state the reasons for termination of the
27 lease.
28 A lessee may waive the notice requirements of this Article by written waiver
29 contained in the lease, in which case, upon termination of the lessee's right of
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HB NO. 388
1 occupancy for any reason, the lessor or his agent may immediately institute eviction
2 proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil
3 Procedure. Nevertheless, in a residential lease, the notice requirements of this
4 Article may not be waived by the lessee unless the lessor's failure to perform
5 seriously affects the health or safety of the lessor, or any person occupying the
6 premises or adjacent property.
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)
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