Louisiana Civil Code

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CHAPTER 4 - TERMINATION AND DISSOLUTION

 

SECTION 1 - RULES APPLICABLE TO ALL LEASES

Art. 2714. If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2715. If, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages.

If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2716. A lease granted by a usufructuary terminates upon the termination of the usufruct.

The lessor is liable to the lessee for any loss caused by such termination, if the lessor failed to disclose his status as a usufructuary. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2717. A lease does not terminate by the death of the lessor or the lessee or by the cessation of existence of a juridical person that is party to the lease. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2718. A lease in which one or both parties have reserved the right to terminate the lease before the end of the term may be so terminated by giving the notice specified in the lease contract or the notice provided in Articles 2727 through 2729, whichever period is longer. The right to receive this notice may not be renounced in advance. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2719. When a party to the lease fails to perform his obligations under the lease or under this Title, the other party may obtain dissolution of the lease pursuant to the provisions of the Title of "Conventional Obligations or Contracts". [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 2 - LEASES WITH A FIXED TERM

Art. 2720. A lease with a fixed term terminates upon the expiration of that term, without need of notice, unless the lease is reconducted or extended as provided in the following Articles. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2721. A lease with a fixed term is reconducted if, after the expiration of the term, and without notice to vacate or terminate or other opposition by the lessor or the lessee, the lessee remains in possession:

(1) For thirty days in the case of an agricultural lease;

(2) For one week in the case of other leases with a fixed term that is longer than a week; or

(3) For one day in the case of a lease with a fixed term that is equal to or shorter than a week. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2722. The term of a reconducted agricultural lease is from year to year, unless the parties intended a different term which, according to local custom or usage, is observed in leases of the same type. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2723. The term of a reconducted nonagricultural lease is:

(1) From month to month in the case of a lease whose term is a month or longer;

(2) From day to day in the case of a lease whose term is at least a day but shorter than a month; and

(3) For periods equal to the expired term in the case of a lease whose term is less than a day. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2724. When reconduction occurs, all provisions of the lease continue for the term provided in Article 2722 or 2723.

A reconducted lease is terminated by giving the notice directed in Articles 2727 through 2729. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2725. If the lease contract contains an option to extend the term and the option is exercised, the lease continues for the term and under the other provisions stipulated in the option. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2726. An amendment to a provision of the lease contract that is made without an intent to effect a novation does not create a new lease. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

 

SECTION 3 - LEASES WITH INDETERMINATE TERM

Art. 2727. A lease with an indeterminate term, including a reconducted lease or a lease whose term has been established through Article 2680, terminates by notice to that effect given to the other party by the party desiring to terminate the lease, as provided in the following Articles. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2728. The notice of termination required by the preceding Article shall be given at or before the time specified below:

(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period;

(2) In a month-to-month lease, ten calendar days before the end of that month;

(3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and

(4) In a lease whose term is measured by a period shorter than a week, at any time prior to the expiration of that period.

A notice given according to the preceding Paragraph terminates the lease at the end of the period specified in the notice, and, if none is specified, at the end of the first period for which the notice is timely. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Art. 2729. If the leased thing is an immovable or is a movable used as residence, the notice of termination shall be in writing. It may be oral in all other cases.

In all cases, surrender of possession to the lessor at the time at which notice of termination shall be given under Article 2728 shall constitute notice of termination by the lessee. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]

Arts. 2730-2744. [Blank]

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