Louisiana Lease Agreement

A Louisiana lease agreement is a legally binding contract between a landlord and tenant that sets forth the rental terms, including rent amount, lease duration, tenant responsibilities, and landlord obligations. It must comply with Louisiana Civil Code Articles 2668–2729 to be enforceable.

The most common types of Louisiana lease agreements include:

• Lease for a Determinate Term: A lease with a fixed duration (e.g., 12 months).
• Lease for an Indeterminate Term (Month-to-Month): Automatically continues until properly terminated.
• Sublease Agreement: The original tenant leases the property to another party, with landlord approval.
• Commercial Lease: A lease for business or commercial properties, such as offices or storefronts.

A comprehensive Louisiana rental agreement should include:

• Property Address: Full legal address and unit details.
• Tenant and Landlord Names: Legal names of all parties.
• Rent Details: Amount, due date, payment methods, and late fees.
• Lease Term: Start and end dates, renewal conditions, or notice requirements.
• Security Deposit Terms: Amount, conditions for return, and allowable deductions (per Civil Code Articles 2701–2702).
• Louisiana-Specific Disclosures: Any required federally mandated disclosures, such as lead-based paint (for properties built before 1978).

The main difference is the duration and flexibility:

• Lease Agreement: Typically for a fixed term (e.g., 12 months), with rent fixed for the entire term.
• Rental Agreement / Indeterminate Lease: Usually month-to-month, automatically renewing, with terms that can be modified with proper notice.

Under Louisiana law:

• Fixed-Term Lease: Rent cannot be increased during the term unless the lease explicitly allows it.
• Indeterminate (Month-to-Month) Lease: Rent can be increased with proper written notice. Louisiana Civil Code requires reasonable notice, typically at least one rental period in advance, unless otherwise agreed.

If a tenant breaks the lease:

• Financial Responsibility: The tenant may be liable for rent for the remainder of the term or an early termination penalty if included in the lease.
• Landlord’s Duty to Mitigate: Under Civil Code Articles 2668–2729, the landlord must make reasonable efforts to re-rent the property to minimize losses.

In Louisiana, lease renewal and termination depend on the type of lease and the provisions in the Louisiana Civil Code (Title III – Lease of Things):

• Fixed-Term Lease:
  • A fixed-term lease automatically ends on the expiration date unless both parties agree to renew.
  • Renewal requires a new lease agreement or a written renewal addendum signed by both landlord and tenant.
  • Neither party can terminate a fixed-term lease before the end date without legal cause, unless an early termination clause is included in the lease.
• Month-to-Month Lease:
  • A month-to-month lease continues indefinitely until either the landlord or tenant provides proper written notice to terminate.
  • Notice period: At least 10 days before the end of the rental period (for leases under Louisiana Civil Code Art. 2726, or as specified in the lease agreement).
  • The landlord or tenant may terminate the lease by giving written notice complying with the notice period, without needing a reason.

Yes, a Louisiana lease agreement can be modified after signing, but only if:

• Both landlord and tenant agree to the changes.
• Modifications are documented in writing as a formal addendum to the original lease.
• The addendum is signed and dated by both parties.