As a landlord in Louisiana, you know how important it is to maintain a positive relationship with your tenants. And as much as you want tenants to renew their leases year after year, there may be a situation that requires the lease to be ended early.
Such situations can be challenging for both parties involved, as they require a clear understanding of the legal framework and procedures surrounding lease termination in Louisiana. Keep in mind that breaking a lease isn’t the same as
an eviction.
In this article, we will explore various aspects related to breaking a lease early. These include valid reasons for breaking a lease, notice periods, potential penalties, and the essential steps to take when faced with a tenant seeking to terminate their lease early.
Rental Agreements in Louisiana
A clear rental agreement is crucial to ensure that tenants understand what is expected of them for the duration of their tenancy. Landlords should ensure that tenants understand the terms and conditions of the lease before they sign the agreement.
The lease agreement should include provisions about what will happen if the tenants choose to break the lease early, including any applicable penalties.
Make sure to also include in the rental agreement the amount of notice needed from your tenants when ending the lease in Louisiana, such as follows:
In Louisiana, tenants don’t need to provide a notice if their lease agreements have a fixed end date. The lease automatically expires at the date stated in the agreement, unless the lease is extended by the tenant for longer than a week.
If the tenant extends their tenancy, the lease then becomes a month-to-month tenancy. If the lease has no fixed end date, the tenants should
provide notice, the amount of which depends on the lease term:
- Tenancies that are shorter than a week: Tenants must provide notice anytime before the end of the rental period.
- Tenancies that are more than one week but less than one month: Five calendar days’ notice
before the end of the rental period.
- Leases that are longer than one month: 30-day notice
before the end of the rental period.
The lease agreement should also include the landlord’s responsibility to re-rent the rental unit. The rental agreement should also include the tenants’ rights to sublet the property. In Louisiana, tenants can sublet the property unless it is clearly prohibited in the lease agreement.
As a landlord, you may require your tenants to seek approval before they can sublet the unit. To obtain permission, the tenant should send a letter of request that contains the following information:
- Sublet term and a copy of the proposed sublease.
- Name, address, and contact information of the proposed assignee.
- The tenant’s reason for subletting.
- Written consent of any co‑tenant.
Although Louisiana does not have
specific laws on subletting, you may only reject the request if you have a legitimate reason for doing so.
Unjustified Reasons to Break a Lease in Louisiana
Louisiana tenants who break their lease for the following reasons may be required to pay rent for the remaining lease term. In some cases, they may also be required to pay penalties.
- Buying a house
- Upgrading, downgrading, or changing lifestyle
- Relocating for a new job or school
- Moving to be closer to family
- Moving in with a partner
In case tenants need to break the lease for any of these reasons, they have the option to talk with the landlord to agree to a mutual termination.
Justified Reasons to Break a Lease in Louisiana
As a landlord in Louisiana, you should be aware that certain situations may allow your tenants to break their lease early.
Here are a few reasons that allow tenants to legally pre-terminate their lease:
1. Early Termination Clause
If you want to allow tenants to legally break a lease, you may include an early termination clause in the lease agreement. This usually comes with certain fees and conditions. Make sure to include the required notice and the amount that the tenant needs to pay to break the lease early.
2. Active Military Duty
According to the
Servicemembers’ Civil Relief Act, tenants who are active service members can legally break their lease if they are relocated for a permanent change of station or deployment. The tenant should be able to prove that they signed the lease before entering active military duty and that they will remain on active duty for the next 90 days.
3. Unit Is Uninhabitable
As a landlord, you are obligated to provide a habitable dwelling place for your renters. This means you should address repair issues within a reasonable timeframe. Otherwise, tenants may be allowed to terminate their lease legally on the grounds of an uninhabitable unit.
4. Domestic Violence
Louisiana law provides special protection to tenants who are victims of domestic violence. The local housing authority may rule not to terminate a tenancy for victims of domestic abuse but may terminate the tenancy of the perpetrator of abuse or violence.
5. Other Reasons
Other potential justifiable reasons for breaking a lease early include landlord harassment and privacy violation, violations of the lease agreement, and senior citizen or health-related issues.
Conclusion
As a landlord in Louisiana, it’s essential to be well-versed in the local law, especially concerning breaking a lease. When in doubt, it’s important to seek professional advice to avoid legal issues. Work with a reliable property management company, like Sage Property Management, to help you deal with circumstances such as this. If you have any questions, contact Sage Property Management today. We’re happy to be of service.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
