RÉSUMÉ DIGEST
ACT 442 (HB 160) 2022 Regular Session Landry
Existing law (C.C.P. Art. 4701) provides that when the lessor wishes to obtain possession
of the premises from the lessee, the lessor or his agent shall have a written notice to vacate
delivered to the lessee. The notice shall allow the lessee five days from the date of its
delivery to vacate the premises. A lessee may waive the notice requirements by written
waiver.
Existing law (C.C.P. Art. 4731(A)) provides that if the lessee or occupant fails to comply
with or has waived the notice to vacate, the lessor or owner may cause the lessee or occupant
to show cause why they should not be ordered to deliver possession of the premises to the
lessor or owner.
Existing law (C.C.P. Art. 4731(B)) provides that after notice has been given, the lessor or
owner may lawfully take possession of the premises without further judicial process upon
the reasonable belief that the lessee or occupant has abandoned the premises.
New law provides an exception to abandonment as provided in C.C.P. Art. 4731(B), whereby
cessation of residential occupancy shall not be deemed evidence of abandonment for 30 days
in parishes subject to the initial declaration of a federally declared disaster.
New law provides that a residential lessee may recover the greater of $500 or twice the
amount of monthly rent from the lessor or owner for failure to comply with C.C.P. Art. 4731.
New law provides that the court may award costs and attorney fees to the prevailing party for
actions brought pursuant to new law.
New law provides that a residential lessee may enforce new law by obtaining a restraining
order or a preliminary injunction.
Existing law (C.C.P. Art. 3610) requires an applicant for a temporary restraining order or
preliminary injunction to provide security, except where security is dispensed with by law.
New law provides that court shall not require a lessee bringing an action for a temporary
restraining order or preliminary injunction to furnish security in parishes subject to a
federally declared disaster for the 30 days following the declaration of the federally declared
disaster.
Existing law (C.C. Art. 2693) provides for the lessor's right to make repairs.
New law provides that nothing in new law shall preempt the rights of the lessor to repair as
provided in new law.
Effective August 1, 2022.
(Adds C.C.P. Art. 4731(C))