Lease Termination Rights

Louisiana law governs how leases can be terminated, whether by standard expiration or through special statutory rights for military service and domestic abuse.

RS 9:3261

Standard Lease Termination

Most leases end simply because the agreed-upon time has passed (expiration) or one party decides not to renew the agreement (non-renewal). The rules depend on the type of lease.

Month-to-Month Leases

If the lease has no fixed end date (indeterminate), either party may terminate it by giving written notice.

• Notice Period: The terminating party is required to give notice at least 10 calendar days before the end of the month (or rent period).
• Example: To end a lease on April 30th, the other party is required to receive notice no later than April 20th.
• Statute: La. C.C. art. 2728

CC 2728

Fixed-Term Leases

If the lease has a specific end date (e.g., a one-year lease), it generally terminates automatically on that date.

• Notice: Check the lease contract. Most written leases require a 30-day notice of non-renewal.
• Reconduction (Holdover): If a tenant stays for one week after the lease expires and the landlord accepts rent, the lease automatically converts to a month-to-month lease.
• Statute: La. C.C. art. 2720, La. C.C. art. 2721

CC 2720CC 2721

Domestic Abuse Protections

Louisiana Revised Statute 9:3261.1 allows victims of domestic abuse to terminate a residential lease early without penalty.

Eligibility

A tenant may terminate their lease if they have obtained one of the following documents protecting them from a domestic abuser:

• Protective Order: Issued pursuant to La. R.S. 46:2131 et seq. (Domestic Abuse Assistance)
• Injunction: Issued pursuant to La. R.S. 9:361 et seq. (Post-Separation Family Violence Relief) or La. R.S. 9:372 (Injunction in Divorce)
• Peace Bond: Issued pursuant to La. C.Cr.P. art. 326 et seq.

CCRP 326RS 46:2131RS 9:361RS 9:372

Termination Procedure

To exercise this right, the tenant is required to:

1. Provide Written Notice: Give the landlord a written notice of termination.
2. Attach Documentation: Include a certified copy of the protective order, injunction, or peace bond.
3. Send by Certified Mail: The statute requires the notice to be sent by certified mail, return receipt requested, or personally delivered with a signed receipt.

Effective Date & Security Deposit

• Effective Date: The termination is effective 30 days after the landlord receives the notice.
• Rent: The tenant owes rent only for that 30-day period.
• Security Deposit: The landlord cannot keep the security deposit solely because the lease was terminated early under this statute. Standard deductions for damage still apply.

RS 9:3261RS 9:3261.1

Military Lease Termination

Louisiana Revised Statute 9:3261 provides specific grounds for service members to cancel a lease.

Qualifying Events

A service member (or their spouse) may terminate a lease if any of the following occur after the lease is signed:

1. PCS Orders: Receipt of orders to depart to a station located 35 miles or more from the location of the dwelling.
2. Deployment: Receipt of orders to deploy for a period in excess of three months.
3. Government Quarters: Receipt of orders requiring the member to move into government quarters.
4. Discharge: Release from active duty.
5. Death: If the service member dies, the surviving spouse may terminate the lease.

Termination Procedure

To exercise this right, the service member is required to:

1. Provide Written Notice: Give the landlord a written notice of termination.
2. Attach Proof: Include a copy of the military orders or a letter from the commanding officer verifying the orders.
3. Send by Certified Mail: While not strictly required by the text of every statute, sending notice by certified mail provides proof of delivery.

Effective Date

Under Louisiana law, the termination becomes effective 30 days after the notice is served on the landlord.

Rent Obligation: The tenant is responsible for rent during this 30-day period. The landlord is required to refund any rent paid in advance for a period after the termination date.

RS 9:3261

Federal SCRA Protections

The federal Servicemembers Civil Relief Act (SCRA) also provides termination rights that apply in all states.

SCRA Termination Rules

Under the SCRA, a lease may be terminated if the service member:

• Enters military service after signing the lease
• Receives PCS orders
• Receives deployment orders for not less than 90 days

Effective Date under SCRA

The timing under federal law is slightly different:

• Month-to-Month Leases: Termination is effective 30 days after the next rent payment is due.
• Example: Notice given March 5th. Next rent due April 1st. Termination effective May 1st.
• Other Leases: Termination is effective on the last day of the month following the month in which notice is delivered.

Service members may choose to proceed under whichever law (State or Federal) is more beneficial to their situation.

Protection from Eviction

In addition to termination rights, the SCRA provides protection against eviction for service members and their dependents.

• Court Order Required: A landlord cannot evict a service member or their dependents from a primary residence without a court order.
• Stay of Proceedings: If military service materially affects the member’s ability to pay rent, the court may stay (pause) the eviction proceedings for 90 days or longer.
• Rent Limit: These protections apply to residences where the rent does not exceed a certain statutory limit (adjusted annually for inflation).

Landlord Obligations

• Landlords cannot charge a penalty or early termination fee to a service member exercising these rights.
• Landlords are required to refund any security deposit (subject to lawful deductions for damages) and prepaid rent.
• Landlords cannot seize a service member’s property for nonpayment of rent without a court order.

Service Member Obligations

• Service members are required to provide written notice and a copy of their orders. Verbal notice is not sufficient.
• Service members are still responsible for rent until the effective date of termination.
• Service members are liable for any damages to the property beyond normal wear and tear.