Breaking a Lease in Louisiana

Last Updated: March 17, 2022 by Elizabeth Souza

Find out when a tenant can legally break a lease in Louisiana, when they can’t, and if a landlord is required by Louisiana law to make reasonable effort to re-rent.

Before we address the legally acceptable reasons to get out a lease early without penalty, it’s important to understand the notice requirements in Louisiana to end a tenancy.

Lease Termination Notice Requirements in Louisiana

In Louisiana, a tenant is not required to provide notice for fixed end date leases, the lease expires on the last day of the lease. Louisiana tenants must provide written notice for the following lease terms (CC 2728):

  • Notice to terminate a tenancy shorter than a week. Any time prior to the expiration of the rental period.
  • Notice to terminate a tenancy longer than a week but shorter than a month. 5 calendar day written notice before the end of the rental period
  • Notice to terminate a month-to-month lease. 10 calendar day written notice before the end of the month.
  • Notice to terminate a lease longer than a month. 30-day written notice before the end of the rental period.
  •  Notice to terminate a fixed end date lease. No notice is required unless the lease is extended by the tenant remaining in the premises for longer than a week past the end of the lease without notice to vacate or terminate. If that happens, the lease is extended to month-to-month for leases whose term is a month or longer (CC 2720, CC 2721).

Delivering Notice in Louisiana

In the state of Louisiana, tenants can deliver a notice through one of the following methods:

  • Delivering the notice to the tenant in person;
  • Mailing a copy of the notice; or
  • Posting the notice in a conspicuous place.

There are a handful of scenarios where a tenant can legally break a lease in Louisiana without penalty. We’ll go through each of them below.

Questions? To chat with a Louisiana landlord tenant attorney, Click here

1. Early Termination Clause

Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month’s rent) and the amount of notice required (i.e. 30 days).

If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.

2. Active Military Duty

The Servicemembers Civil Relief Act (SCRA) helps protect active service members who are relocated due to deployment or permanent change of station. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.

To break a lease in accordance with the relief act, a tenant must:

  • Prove the lease was signed before entering active duty.
  • Prove they will remain on active duty for at least the next 90 days.
  • Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy / Permanent Change of Station (PCS) or a letter from their commanding officer stating their pending deployment.

With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st therefore, rent is still due for the month of April.

NOTE

In Louisiana, the term “servicemember” means a member of the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.

3. Unit is Uninhabitable

Most states have specific health and safety codes that provide minimum standards for rental units, and Louisiana is no different.

If those standards are not met, proper notice is given by the tenant and the repairs/fixes are still not made within the allowable time period, a tenant would be considered “constructively evicted”. As a result, the obligations of the tenant under the lease are no longer required, given that the landlord has not met their own responsibilities under Louisiana landlord-tenant law.

According to Louisiana state law (CC 2682), landlord duties to provide habitable premises include the following:

  • Maintenance. Maintain the premises in a habitable condition.
  • Quiet Enjoyment. Protect the lessee’s peaceful possession of the unit for the duration of the lease.
  • Repairs. Make all repairs necessary to maintain the premises in a habitable condition, except those for which the tenant is responsible. (CC 2691)

For more information on Louisiana habitability laws, click here.

4. Landlord Harassment or Privacy Violation

If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.

  • Landlord Entry. In Louisiana, there is no statute for landlord entry.
  • Changing the Locks. In some states, if the locks are changed by a landlord without the tenant’s permission or without the protection of specific language in the lease agreement, this can qualify as being “constructively evicted”, and could relieve the tenant of their duties of the lease. In Louisiana, if the landlord locks a tenant out, puts tenant’s possessions on the street, or otherwise takes the law into his or her own hands, the landlord may be liable for damages for wrongful eviction.

5. Domestic Violence

Louisiana provides tenants who are victims of domestic violence with special rental provisions for their protection. If you are confronting a domestic violence situation (this can also be stalking), and want to move, check with local law enforcement regarding special state laws that may apply in domestic violence situations.

In Louisiana, the local housing authority may not terminate a tenancy for reasons of domestic abuse, dating violence, or family violence against a tenant, but may terminate the tenancy of or any other assistance provided to the perpetrator of abuse or violence. (§40:506(D))

Questions? To chat with a Louisiana landlord tenant attorney, Click here

Examples of Insufficient Justification for Lease Breaking in Louisiana

The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.

  • They bought a house.
  • They are relocating for a new job or school.
  • They are upgrading or downgrading.
  • They are moving in with a partner.
  • They are moving to be closer to family.

Since state landlord-tenant laws vary, the following reasons may legally permit a tenant to terminate their tenancy early in other states but are not applicable in Louisiana:

  • Violation of the Lease Agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e. illegally raising the rent during the fixed period).
  • Illegal Contract. In some scenarios, a lease agreement may be deemed illegal and as a result, is generally not enforceable.
  • Mandatory Disclosures. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Disclosure laws typically impose heavy fines or legal ramifications to landlords if they are not followed. In rare cases, they contain penalty provisions that may allow you to break your lease.
  • Senior Citizen or Health Issue. Some states offer age or health-related lease-breaking arrangements that permit early lease termination.

Breaking a lease for any of the above reasons or in any conditions not previously outlined can have tangible consequences for tenants.

Landlord’s Responsibility to Re-rent in Louisiana

Louisiana state law does require landlords to take reasonable steps to re-rent their unit when a tenant breaks their lease. This is referred to as the landlord’s duty to “mitigate damages”. This means that if a tenant leaves the lease early and a landlord re-rents the unit before the lease ends, then the rent received from the new tenant will apply to the tenant’s debt.

According to Louisiana Code § 2002, Gray v. Kanavel, 508 So.2d 970 (La. Ct. App. 1987), a landlord must make reasonable efforts to re-rent their unit instead of charging a tenant for the total remaining rent due under the lease. If a landlord re-rents the property quickly, the tenant will only be responsible for the amount of time the unit was vacant.

Tenant’s Right to Sublet in Louisiana

If the lease does not prohibit subletting, then a tenant might be in the clear to sublet. However, the lease might contain a clause requiring a tenant to obtain a landlord’s approval prior to subletting. To get the landlord’s approval, a tenant shall send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. Certified mail is the only proof of delivery that most courts will accept that a tenant has notified the landlord.

The letter should include the following information:

  • Sublet term.
  • Name of proposed subtenant or assignee.
  • The permanent home address of proposed subtenant or assignee.
  • Your reason for subletting or leaving permanently.
  • Your new address during the sublease if applicable.
  • The written consent of any co‑tenant.
  • A copy of the proposed sublease.

If a landlord rejects the request, know that they can only refuse the proposed subtenant based on legitimate factors. The law states that a landlord cannot unreasonably refuse to sublet.

For more information and to get a FREE Louisiana sublease agreement click here.

Additional Resources for Louisiana Tenants & Landlords: