Landlord & Tenant Issues

The lessor has four main obligations in a lease contract these are delivery, maintenance, peaceful possession, and warranty. Louisiana Civil Code Article 2682 reads in relevant part:

The lessor is bound:

(1) To deliver the thing to the lessee;

(2) To maintain the thing in a condition suitable for the purpose of which it was

leased; and

(3) To protect the lessee’s peaceful possession for the duration of the lease.

Under Louisiana law, landlord owes duty of care, in relation to premises let, to persons rightfully coming thereon and using them. See Pardee Co. v. Austin, 58 F.2d 967, 968 (5th Cir. 1932); Klein v. Young, 163 La. 59, 111 So. 495; Lasyone v. Zenoria Lumber Co., 163 La. 185, 11 So. 670, 671.  One of the principal obligations a lessor has to his lessee is to protect the lessee's peaceful possession for the duration of the lease. La. C.C. art. 2682; McCurdy v. Bloom's Inc., 39,854, p. 7 (La. App. 2d Cir. 6/29/05), 907 So.2d 896, 901. Specifically, the lessor warrants the lessee's peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing. La. C.C. art. 2700. If a disturbance is such that the lessee can no longer use the premises for the intended use, the lessor has breached its obligation to maintain the lessee in peaceful possession. McCurdy, 39,854 at p. 7, 907 So.2d at 901. Constantin Land Tr. v. Pitre Indus., L.L.C., 2016-0993, p. 5 (La. App. 1 Cir. 7/10/17); 225 So.3d 1089, 1093, writ denied, 2017-1644 (La. 11/28/17); 230 So.3d 224. Further, if a lessor who allows one of his lessees to disturb the possession of his other lessees breaches his obligation to maintain the lessee in peaceable possession. Moity v. Castille, 469 So.2d 503, 506 (La. App. 3d Cir.1985); Essen Dev. v. Marr, 95-1344, p. 2 (La. App. I Cir. 11/30/95); 687 So.2d 98, 100. In such instance, the lessor would be liable for damages that result. Walters v. Greer, App. 2 Cir.1999, 726 So.2d 1094, 31,480 (La. App. 2 Cir. 1/22/99). This extends to disturbances by persons occupying adjacent property to the lessor.

Under the duty of maintenance, the lessor is obliged to make all repairs as they become necessary in order to maintain the thing in a condition suitable for the purpose for which it was leased. However certain repairs may be made the responsibility of the lessee agreed upon in the lease contract. In addition, the lessee is bound to repair damage caused by his own fault or deterioration from use that exceeds the normal use of the thing.

The lessor warrants that the thing is suitable for the purpose it was leased and that it is free from vices and defects that prevent the use of the thing for its purpose. This is different from maintenance which is repairing what occurs naturally. Warranty is against wear and tear as well as redhibitory defects.

In addition to any other obligations specified in the lease, the lessee is obliged to pay the rent in accordance with the agreed terms; to use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and to return the thing at the end of the lease in the same condition that it was when the thing was delivered to him, except for normal wear and tear. The lessor is bound to pay any taxes, assessments, and other charges that burden a thing unless otherwise agreed.

Specifically, for Louisiana, the landlord may evict for cause (nonpayment or lease violations) after 5 days pursuant to La. C.C.P. art. 4701 et seq. 

• The Notice to Vacate Premises should not contain a specific date to vacate but should simply state that tenant has five (5) days from date of delivery of notice. Do not include holidays or weekends when counting the five days. The notice to vacate should contain the posting or mailing date, tenant(s) name, and physical address of property to be vacated, along with the reasons for the eviction.

• The Notice to Vacate Premises must be signed by you and your witness and should be handed to the tenant in front of your witness. If the tenant is not at home when you serve the Notice to Vacate Premises, either post it on the door (with your witness) or mail it to the tenant CERTIFIED MAIL - RETURN RECEIPT REQUESTED (shall be signed by lessee). 

In many instances, the lease may contain a provision that waives the notice requirements. If there is no cause (synonymous with lease nonrenewal), La. C.C. art. 2728 governs, wherein a 10-day notice is required for month to month or 30-day notice for one-year lease. 

If the lessee or occupant fails to comply with the notice to vacate, or if the lessee has waived his right to notice to vacate by written waiver contained in the lease, Louisiana landlords must file for eviction in the appropriate court (usually in justice of peace or city court), and the court will issue a rule to show cause for possession ordering the defendant to appear for a hearing. La. C.C.P. art 4731. The rule to show cause should state the grounds upon which eviction is sought. La. C.C.P. art 4731. 

The rule to show cause must be served on the tenant by a sheriff or constable at least 2 days prior to the eviction hearing, through one of the following methods: (1) giving a copy to the tenant in person or (2) posting a copy on the door of the rental unit. La. C.C.P. art 4732. If the lessee or occupant does not comply with the judgment of eviction within twenty-four 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. La. C.C.P. art. 4733. 

Late Payments:

• Acceptance of rent after notice to vacate defeats eviction. Billiot v. Hue, 2011 WL 1944120 (La. App. 1 Cir. 2011); Housing Authority of Town of Lake Providence v. Allen, 486 So.2d 1064 (La. App. 2 Cir. 1986). 

• Delay in returning rent after notice to vacate defeats eviction. Four Seasons, Inc. v. New Orleans Silversmiths, Inc., 223 So.2d 686 (La. App. 4 Cir. 1969). 

• Acceptance of partial rent after notice to vacate defeats eviction. Adams v. Dividend, Inc., 447 So.2d 80 (La. App. 4 Cir. 1984); Housing Authority of Town of Lake Providence v. Burks, 486 So.2d 1068 (La. App. 2 Cir. 1986); Thompson v. Avenue of Americas Corp., 499 So.2d 1093 (La. App. 3 Cir. 1986). 

• Timely tender of rent constitutes payment of rent which defeats eviction for nonpayment of rent even if landlord refuses to accept rent. Cantrell v. Collins, 984 So.2d 738, 740-41 (La. App. 1 Cir. 2008); Adams v. Dividend, Inc., 447 So.2d 80, 83 (La. App. 4 Cir. 1984).

• A late rent payment defeats eviction if there was a custom of accepting rent late. Versailles Arms Apts. v. Pete, 545 So.2d 1193 (La. App. 4 Cir. 1989). 

• A partial rent payment defeats eviction if there was a custom of accepting partial rent. Grace Apts. v. Hill, 428 So.2d 862 (La. App. 1 Cir. 1983).

• Acceptance of rent waives right to evict for lease violation. A & J v. Ackel Real Estate, 831 So.2d 311 (La. App. 5 Cir. 2002); Quinn Property v. Sabine River, 676 So.2d 639 (La. App. 3 Cir. 1996). 

• Evictions are subject to judicial control and may be denied even if a lease violation exists. Carriere v. Bank of Louisiana, 702 So.2d 648 (La. 1996); Ergon v. Allen, 593 So.2d 438 (La. App. 2 Cir. 1992). 15. 

• Unexpired fixed term lease cannot be terminated for “no cause.” La. Civ. Code art. 2728, 1983; Shell Oil v. Siddiqui, 722 So.2d 1197 (La. App. 5 Cir. 1998).

Late Fees pursuant to La. R.S.9:3527:

• There is nothing stated in landlord tenant statutes that provide for how much is too much to charge when a Louisiana tenant is late. 

• The parties to a consumer credit transaction may contract for the payment of a delinquency charge on any installment or other regular payment not paid in full within ten days after its scheduled or deferred due date in either one of the following amounts:

o (1) Five percent of the unpaid amount of the delinquent installment, or ten dollars, whichever is greater. 

o (2) The deferral charge that would be permitted to defer the unpaid amount of the installment or other regular payment for the period that it is delinquent.