Louisiana Civil Code

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SECTION 5 - LESSOR'S WARRANTIES

 

SUBSECTION 1 - WARRANTY AGAINST VICES OR DEFECTS

Art. 2696. The lessor warrants the lessee that the thing is suitable for the purpose for which it was leased and that it is free of vices or defects that prevent its use for that purpose.

This warranty also extends to vices or defects that arise after the delivery of the thing and are not attributable to the fault of the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2697. The warranty provided in the preceding Article also encompasses vices or defects that are not known to the lessor.

However, if the lessee knows of such vices or defects and fails to notify the lessor, the lessee's recovery for breach of warranty may be reduced accordingly. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2698. In a residential lease, the warranty provided in the preceding Articles applies to all persons who reside in the premises in accordance with the lease. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2699. The warranty provided in the preceding Articles may be waived, but only by clear and unambiguous language that is brought to the attention of the lessee.

Nevertheless, a waiver of warranty is ineffective:

(1) To the extent it pertains to vices or defects of which the lessee did not know and the lessor knew or should have known;

(2) To the extent it is contrary to the provisions of Article 2004; or

(3) In a residential or consumer lease, to the extent it purports to waive the warranty for vices or defects that seriously affect health or safety. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SUBSECTION 2 - WARRANTY OF PEACEFUL POSSESSION

Art. 2700. The lessor warrants the lessee's peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing.

In a residential lease, this warranty encompasses a disturbance caused by a person who, with the lessor's consent, has access to the thing or occupies adjacent property belonging to the lessor. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2701. The lessor is bound to take all steps necessary to protect the lessee's possession against any disturbance covered by the preceding Article, as soon as the lessor is informed of such a disturbance. If the lessor fails to do so, the lessee may, without prejudice to his rights against the lessor, file any appropriate action against the person who caused the disturbance.

If a third party brings against the lessee an action asserting a right in the thing or contesting the lessee's right to possess it, the lessee may join the lessor as a party to the action and shall be dismissed from the action, if the lessee so demands. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2702. Except as otherwise provided in Article 2700, the lessor is not bound to protect the lessee's possession against a disturbance caused by a person who does not claim a right in the leased thing. In such a case, the lessee may file any appropriate action against that person. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 6 - PAYMENT OF RENT

Art. 2703. In the absence of a contrary agreement, usage, or custom:

(1) The rent is due at the beginning of the term. If the rent is payable by intervals shorter than the term, the rent is due at the beginning of each interval.

(2) The rent is payable at the address provided by the lessor and in the absence thereof at the address of the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2704. If the lessee fails to pay the rent when due, the lessor may, in accordance with the provisions of the Title "Conventional Obligations or Contracts", dissolve the lease and may regain possession in the manner provided by law. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2705. In the absence of a contrary agreement, the agricultural lessee may not claim an abatement of the rent for the loss of his unharvested crops unless the loss was due to an unforeseeable and extraordinary event that destroyed at least one-half of the value of the crops. Any compensation that the lessee has received or may receive in connection with the loss, such as insurance proceeds or government subsidies, shall be taken into account in determining the amount of abatement. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2706. When the rent consists of a portion of the crops, then any loss of the crops that is not caused by the fault of the lessor or the lessee shall be borne by both parties in accordance with their respective shares. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 7 - LESSOR'S SECURITY RIGHTS

Art. 2707. To secure the payment of rent and other obligations arising from the lease of an immovable, the lessor has a privilege on the lessee's movables that are found in or upon the leased property.

In an agricultural lease, the lessor's privilege also encompasses the fruits produced by the land. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2708. The lessor's privilege extends to the movables of the sublessee but only to the extent that the sublessee is indebted to his sublessor at the time the lessor exercises his right. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2709. The lessor may lawfully seize a movable that belongs to a third person if it is located in or upon the leased property, unless the lessor knows that the movable is not the property of the lessee.

The third person may recover the movable by establishing his ownership prior to the judicial sale in the manner provided by Article 1092 of the Code of Civil Procedure. If he fails to do so, the movable may be sold as though it belonged to the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2710. The lessor may seize the movables on which he has a privilege while they are in or upon the leased property, and for fifteen days after they have been removed if they remain the property of the lessee and can be identified.

The lessor may enforce his privilege against movables that have been seized by the sheriff or other officer of the court, without the necessity of a further seizure thereof, as long as the movables or the proceeds therefrom remain in the custody of the officer. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 8 - TRANSFER OF INTEREST BY THE LESSOR OR THE LESSEE

Art. 2711. The transfer of the leased thing does not terminate the lease, unless the contrary had been agreed between the lessor and the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2712. A third person who acquires an immovable that is subject to an unrecorded lease is not bound by the lease.

In the absence of a contrary provision in the lease contract, the lessee has an action against the lessor for any loss the lessee sustained as a result of the transfer. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2713. The lessee has the right to sublease the leased thing or to assign or encumber his rights in the lease, unless expressly prohibited by the contract of lease. A provision that prohibits one of these rights is deemed to prohibit the others, unless a contrary intent is expressed. In all other respects, a provision that prohibits subleasing, assigning, or encumbering is to be strictly construed against the lessor. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]