Louisiana Civil Code

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TITLE IX - LEASE

 

CHAPTER 1 - GENERAL PROVISIONS

Art. 2668. Lease is a synallagmatic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay.

The consent of the parties as to the thing and the rent is essential but not necessarily sufficient for a contract of lease. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2669. In all matters not provided for in this Title, the contract of lease is governed by the rules of the Titles of "Obligations in General" and "Conventional Obligations or Contracts". [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2670. A contract to enter into a lease at a future time is enforceable by either party if there was agreement as to the thing to be leased and the rent, unless the parties understood that the contract would not be binding until reduced to writing or until its other terms were agreed upon. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2671. Depending on the agreed use of the leased thing, a lease is characterized as: residential, when the thing is to be occupied as a dwelling; agricultural, when the thing is a predial estate that is to be used for agricultural purposes; mineral, when the thing is to be used for the production of minerals; commercial, when the thing is to be used for business or commercial purposes; or consumer, when the thing is a movable intended for the lessee's personal or familial use outside his trade or profession. This enumeration is not exclusive.

When the thing is leased for more than one of the above or for other purposes, the dominant or more substantial purpose determines the type of lease for purposes of regulation. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2672. A mineral lease is governed by the Mineral Code. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

CHAPTER 2 - ESSENTIAL ELEMENTS

 

SECTION 1 - THE THING

Art. 2673. All things, corporeal or incorporeal, that are susceptible of ownership may be the object of a lease, except those that cannot be used without being destroyed by that very use, or those the lease of which is prohibited by law. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2674. A lease of a thing that does not belong to the lessor may nevertheless be binding on the parties. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 2 - THE RENT

Art. 2675. The rent may consist of money, commodities, fruits, services, or other performances sufficient to support an onerous contract. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2676. The rent shall be fixed by the parties in a sum either certain or determinable through a method agreed by them. It may also be fixed by a third person designated by them.

If the agreed method proves unworkable or the designated third person is unwilling or unable to fix the rent, then there is no lease.

If the rent has been established and thereafter is subject to redetermination either by a designated third person or through a method agreed to by the parties, but the third person is unwilling or unable to fix the rent or the agreed method proves unworkable, the court may either fix the rent or provide a similar method in accordance with the intent of the parties. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2677. When the parties to an agricultural lease agree that the rent will consist of a portion of the crops, that portion is considered at all times the property of the lessor. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 3 - THE TERM

Art. 2678. The lease shall be for a term. Its duration may be agreed to by the parties or supplied by law.

The term may be fixed or indeterminate. It is fixed when the parties agree that the lease will terminate at a designated date or upon the occurrence of a designated event.

It is indeterminate in all other cases. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2679. The duration of a term may not exceed ninety-nine years. If the lease provides for a longer term or contains an option to extend the term to more than ninety-nine years, the term shall be reduced to ninety-nine years.

If the term's duration depends solely on the will of the lessor or the lessee and the parties have not agreed on a maximum duration, the duration is determined in accordance with the following Article. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2680. If the parties have not agreed on the duration of the term, the duration is established in accordance with the following rules:

(1) An agricultural lease shall be from year to year.

(2) Any other lease of an immovable, or a lease of a movable to be used as a residence, shall be from month to month.

(3) A lease of other movables shall be from day to day, unless the rent was fixed by longer or shorter periods, in which case the term shall be one such period, not to exceed one month. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 4 - FORM

Art. 2681. A lease may be made orally or in writing. A lease of an immovable is not effective against third persons until filed for recordation in the manner prescribed by legislation. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

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