Breaking a lease in Louisiana can be complicated, but tenants have defined legal options for ending a rental agreement early without facing extra costs. This guide explains those rights, outlines potential outcomes, and shows how both tenants and landlords can handle early lease termination responsibly.
Legal Reasons to Break a Lease Early in Louisiana
In Louisiana, both landlords and tenants can end a lease before it expires when specific legal or agreed-upon conditions apply, including:
1. Active Duty Military
Federal law allows tenants to break a lease early when they’re called to active military service. This protection applies to members of the Armed Forces, Reserve, or National Guard serving more than 30 days, as well as officers in the Public Health Service or NOAA.
It covers deployments and permanent change of station orders, starting the day active duty begins and lasting up to 90 days after discharge. The organization must issue the orders before the tenant signs the lease.
To end a lease, tenants must provide the landlord with written notice and a copy of their termination orders. Termination doesn’t happen right away, however, as the lease will end at least 30 days after the next rent period starts, giving both sides time to adjust.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Domestic Abuse or Sexual Assault
In Louisiana, tenants facing domestic abuse or sexual assault can end a lease early without penalty if they follow the steps outlined in state law. These protections provide victims with a means to leave unsafe housing, provided they have given proper notice and documentation to the landlord.
Tenants living in qualifying residential buildings may end their lease if they or a household member have recently experienced abuse or assault. The incident must be verified through a protective order or a sworn statement from a qualified professional.
To end the lease, tenants must submit written notice and valid proof of the situation. The lease will terminate on a mutually agreed date within 30 days of the request, and tenants are responsible only for rent through that date and any confirmed property damage.
Supporting law: La. R.S. §§ 9:3261.1
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Uninhabitable Living Conditions
In Louisiana, tenants can terminate a lease early if the rental becomes uninhabitable, but this right applies only in limited situations. It covers serious health or safety problems that make the unit unsafe to live in, provided the tenant notifies the landlord and the landlord doesn’t resolve the issue within a reasonable time.
The unit must be truly unfit for occupancy, and the problem at hand cannot be caused by the tenant’s actions or negligence. In most cases, tenants must move out to claim the unit is uninhabitable and end the lease.
Common examples include:
- Ineffective weatherproofing
- Lack of potable water or working plumbing
- No functional heat or electricity
- Significant structural damage
To end a lease for these reasons, tenants should send written notice explaining that the landlord failed to make necessary repairs. They should also keep documentation of all repair requests and evidence of the unsafe conditions.
Supporting law: La. Civ. Code Art. §§ 2691–2696, 2729
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
4. Landlord Harassment or Retaliation
In Louisiana, tenants typically can terminate a lease early solely due to landlord harassment, retaliation, or privacy violations if the behavior is severe enough to render the unit unlivable or meets the standard for constructive eviction. When that occurs, tenants may end the lease after moving out and keeping clear documentation of the landlord’s conduct.
Louisiana law does not explicitly define harassment or retaliation, but specific actions can still violate a tenant’s legal rights. Retaliation happens when a landlord targets a tenant for exercising lawful rights, such as requesting necessary repairs or reporting safety concerns.
Examples include:
- Entering the property without permission or causing repeated disruptions
- Shutting off utilities, removing locks or doors, or limiting access to the unit
- Taking adverse action after tenants file complaints or request maintenance
- Discriminating based on protected characteristics under the Fair Housing Act
Depending on the situation, tenants can file a civil lawsuit or request a protective order. In most cases, a court must find that the landlord’s actions interfered with the tenant’s right to peaceful possession before they can legally end the lease.
Supporting law: La. Civ. Code Art. §§§ 2682, 2700–2705, 2719–2720
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
5. Unenforceable or Void Lease Agreement
In Louisiana, tenants can terminate a lease early without penalty if the agreement is considered void or unenforceable under state law. This situation may arise if:
- Signed under duress: Coercion, threats, or intimidation prevented genuine consent.
- Signed by a minor: Individuals under 18 typically cannot enter binding rental contracts.
- Illegal unit: The property violates housing or safety codes or lacks proper occupancy approval.
Once a lease is ruled void, it carries no legal weight. The tenant can move out without further rent obligations, and the landlord must return any refundable security deposit. If the deposit is not returned, the tenant may seek recovery through small claims court.
Supporting law: La. Civ. Code §§§§§ 1927, 1948, 1959, 1966, 2668
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
6. Mutual Agreement Between Landlord & Tenant
In Louisiana, landlords and tenants can mutually agree to end a lease early without penalty. This decision can be made through direct negotiation or by invoking an early termination clause in the lease. To make the agreement enforceable, both parties should outline the terms in writing and sign the document.
Common reasons for ending a lease by mutual consent include:
- Job relocation or transfer
- Financial hardship
- Family or medical circumstances
- Sale of the property
- Extensive repairs, renovations, or redevelopment
- Tenant purchasing a home
When requesting early termination, tenants should clearly communicate their reasons and proposed termination terms. Both sides can then agree on details such as the notice period, any remaining rent, and how the security deposit will be settled. A signed termination agreement confirms the end of the lease and prevents future misunderstandings.
Supporting law: La. Civ. Code §§§ 1983, 2728, 2729
Other Legal Reasons for Breaking a Lease in Louisiana
Tenants in Louisiana may end a lease early when state or federal law grants protections beyond typical rental agreements. These situations often involve court-ordered moves, condemned housing, or property damage caused by natural disasters, allowing tenants to leave without additional penalties.
Other lawful reasons include:
Court-ordered relocation of the tenant: A tenant can terminate a lease early if a court judgment or order requires them to move. Written notice and a copy of the court order should be provided to the landlord.
Supporting law: La. Civ. Code § 2728
Condemnation of the rental property: If a property is officially declared unsafe or uninhabitable, the lease automatically ends, and the tenant is no longer responsible for rent after the condemnation date.
Supporting law: La. Civ. Code § 2697
Natural disasters that render the unit uninhabitable: Floods, fires, or hurricanes that cause significant damage may make a rental unfit for living. In such cases, tenants may move out and terminate the lease without owing any future rent.
Supporting law: La. Civ. Code § 2714, La. R.S. § 29:733
These less common situations are still recognized under Louisiana law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Louisiana, tenants who end a lease early without a valid legal reason may lose their security deposit and risk being sued for unpaid rent. Breaking a lease improperly can also harm credit scores and lead to poor rental references, making it more difficult to find future housing.
Landlord’s Duty to Mitigate Damages in Louisiana
In Louisiana, landlords do not have a legal duty to mitigate damages if a tenant ends a lease early. They can require tenants to pay rent for the full lease term unless the agreement says otherwise. Even so, many landlords try to re-rent the unit quickly to avoid extended vacancies.
Supporting law: La. Civ. Code § 2728
Tenant’s Right to Sublet in Louisiana
In Louisiana, tenants do not have an automatic right to sublease their rental property. Subletting is only allowed with the landlord’s written approval. Even with permission, the original tenant remains liable for rent and lease terms unless the landlord formally releases them through an assignment or a new contract.
Supporting law: La. Civ. Code § 2713
Navigate Broken Leases With Landlord Software
Ending a lease in Louisiana can be challenging, but property management software helps make the process easier and more streamlined. It centralizes communication, organizes documents, and ensures both landlords and tenants stay compliant while minimizing potential conflicts.
Key features include:
- Online rental applications and tenant screening tools
- Easy lease creation and electronic signatures
- Automated rent collection and payment reminders
- Maintenance tracking and status updates
- Integrated accounting and reporting tools
- Secure online document storage
Create a free account today to simplify rental management and handle lease terminations with less stress and more organization.
