Lease Violations and Termination

Beyond nonpayment of rent, Louisiana law permits eviction when a tenant violates the terms of the lease or remains on the premises after the right to occupy has ended. Understanding the different grounds for eviction — and the notice requirements for each — is essential for both landlords and tenants.

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Types of Leases

Louisiana recognizes several types of lease arrangements, each with different termination rules:

Fixed-Term Lease

A lease for a definite period — such as one year — ends automatically when the term expires, without either party needing to give notice. However, if the tenant remains and the landlord accepts rent after expiration, the lease may be renewed.

Month-to-Month Lease

A lease with no definite term that continues from month to month until either party gives proper notice. Louisiana law requires notice at least ten days before the end of the rental period.

Verbal Lease

Louisiana recognizes oral leases for terms of one year or less. Without written terms, the law implies reasonable conditions, and termination follows month-to-month rules.

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Grounds for Eviction Beyond Nonpayment

Lease Expiration

When a fixed-term lease expires and the tenant refuses to leave, the landlord may evict. No notice to vacate is required if the lease contained no automatic renewal clause and the tenant was aware the term was ending.

Accepting rent after the expiration date, even for a week, may create a new month-to-month tenancy.

Lease Violations

Common lease violations that may justify eviction include:

• Unauthorized occupants or pets
• Illegal activity on the premises
• Damage to the property beyond normal wear
• Excessive noise or disturbance of neighbors
• Subletting without permission
• Operating a business in a residential unit
• Failure to maintain the premises as required

Holdover After Notice

When a landlord properly terminates a month-to-month tenancy by giving the required notice, and the tenant refuses to leave, the tenant becomes a holdover subject to eviction.

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Notice Requirements by Situation

The notice required depends on why the landlord seeks eviction:

Definite-Term Lease Expiration

No notice to vacate is required when a fixed-term lease expires on its own terms. However, if the lease has an automatic renewal clause, the landlord is required to give notice of non-renewal according to the lease terms — typically thirty days before expiration.

CC 2720

Month-to-Month Termination

Either party may terminate a month-to-month lease by giving notice at least ten days before the end of the current rental period. The notice is required to be clear and unambiguous about the intent to terminate.

Example: For a lease that runs from the 1st of each month, notice given on the 20th would be effective to terminate on the last day of the following month.

CC 2728

Lease Violations

For eviction based on lease violations (other than nonpayment), the landlord is required to give the standard five-day notice to vacate unless the lease includes a waiver. The notice typically identifies the violation and states that the tenant’s right to occupy has terminated.

Some violations may allow the tenant an opportunity to cure — to fix the problem — before eviction proceeds. Whether cure is available depends on the nature of the violation and the lease terms.

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The Holdover Tenant

A tenant who remains after the right to occupy has ended is called a holdover tenant. Louisiana law treats holdovers differently depending on how the landlord responds:

Landlord Accepts Rent

If the landlord accepts rent from a holdover tenant for even one week after the lease expires, Louisiana law presumes the parties have agreed to a new month-to-month lease on the same terms as the original.

Landlord Objects

If the landlord refuses rent and promptly files for eviction, the holdover may be removed. The landlord may also be entitled to damages for the period of unlawful occupancy — typically measured by the fair rental value of the property.

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Tenant Obligations

Louisiana law imposes specific duties on tenants that, if breached, may constitute grounds for eviction:

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Use of Premises

A tenant is required to use the property as a “good administrator” — with reasonable care — and only for the purposes stated in the lease or, if not stated, for purposes consistent with the nature of the property.

Maintenance

The tenant is required to maintain the premises in the condition received, subject to normal wear. This includes minor maintenance and repairs unless the lease assigns them to the landlord.

Return at Termination

At the end of the lease, the tenant is required to return the premises in the same condition as received, except for normal wear. Failure to do so may subject the tenant to liability for damages.

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The Eviction Process

Eviction for lease violations follows the same summary procedure as eviction for nonpayment:

1. Notice to vacate — Unless waived in the lease, at least five days
2. File petition — State the grounds for eviction
3. Rule to show cause — Court orders tenant to appear
4. Service — Constable serves tenant at least three days before hearing
5. Trial — Landlord is required to prove the violation occurred
6. Judgment — If landlord prevails, tenant has 24 hours to vacate
7. Warrant of possession — Constable removes tenant if necessary

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For the complete procedure, see Eviction Proceedings.

Proving Lease Violations

At trial, the landlord is required to prove:

1. A valid lease exists (or existed)
2. The lease contained the term allegedly violated
3. The tenant actually violated that term
4. Proper notice was given (unless waived)

Evidence may include:

• The written lease agreement
• Photographs documenting damage or violations
• Witness testimony from neighbors or property managers
• Police reports if illegal activity is alleged
• Written complaints and correspondence with the tenant

Tenant Defenses

Tenants may defend against violation-based eviction by showing:

• The alleged violation did not occur
• The violation was not material enough to justify eviction
• The landlord waived the violation by accepting rent afterward
• The landlord selectively enforces rules against this tenant
• The eviction is retaliatory for exercising legal rights

For detailed information on tenant defenses, see Eviction Defenses.

Special Situations

Abandonment

If a tenant abandons the premises — leaving without notice and not paying rent — the landlord may retake possession without court proceedings. However, determining abandonment requires caution: if the tenant claims they did not abandon, the landlord may face liability for wrongful eviction.

Signs of abandonment include:

• Extended absence without communication
• Removal of personal belongings
• Utilities disconnected at tenant’s request
• Return of keys
• Nonpayment of rent for extended period

CCP 4731

Illegal Activity

When a tenant uses the premises for illegal activity, some Louisiana municipalities have nuisance ordinances that may provide additional remedies. Local authorities and law enforcement may be involved in these situations.

Related Topics

• Eviction Proceedings — The complete eviction process
• Nonpayment of Rent — Eviction for unpaid rent
• Eviction Defenses — Tenant defenses
• Security Deposits — End-of-lease deposit rules