Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:3259.1 Unpaid rent; factory-built homes; notification by lessor
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§3259.1. Unpaid rent; factory-built homes; notification by lessor A. As used in this Section, the following terms shall have the following meanings: (1) "Factory-built home" shall have the meaning given to that term in R.S. 9:1149.2. (2) "Lessee" means the person leasing the immo…
La. Rev. Stat. § 9:3259.2 Application for or receipt of government funds not a defense to action to evict
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§3259.2. Application for or receipt of government funds not a defense to action to evict The application for or the receipt of entitlements or funds, under any federal or state rent subsidy program or rent subsidy assistance, shall not be considered payment of rent and shall not …
La. Rev. Stat. § 9:3259.3 Privilege for unpaid lease payments; abandoned factory-built homes and
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§3259.3. Privilege for unpaid lease payments; abandoned factory-built homes and abandoned movable property; enforcement of privilege by owner of immovable property; definitions A. As used in this Section, the following terms have the following meanings: (1) "Abandoned factory-bui…
La. Rev. Stat. § 9:326 Determination of income for spousal support; evidence
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§326. Determination of income for spousal support; evidence A. Each party shall provide to the court a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. Suitable documentation of current earnings sh…
La. Rev. Stat. § 9:3260 Premises rendered uninhabitable; mitigation of damages
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§3260. Premises rendered uninhabitable; mitigation of damages When a lessee or tenant of commercial, residential, or dwelling premises has been constructively evicted from the premises, and when the premises are rendered uninhabitable through no fault of the lessee or tenant, the…
La. Rev. Stat. § 9:3260.1 Lessee's right to notification of foreclosure action
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§3260.1. Lessee's right to notification of foreclosure action A. During, and prior to entering into, a lease agreement for a residential dwelling, the lessor shall disclose in writing to the lessee and any prospective lessee any pending foreclosure action to which the residential…
La. Rev. Stat. § 9:3261 Rights of military personnel to terminate lease
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§3261. Rights of military personnel to terminate lease A. Any active or reserve member of the armed forces of the United States, including the National Guard and the United States Coast Guard, or their husband or wife as provided by Title IV of Book I of the Louisiana Civil Code,…
La. Rev. Stat. § 9:3261.1 Lease agreements for certain residential dwellings; domestic abuse victims;
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§3261.1. Lease agreements for certain residential dwellings; domestic abuse victims; stalking and cyberstalking A. This Section shall apply only to a lease agreement for a residential dwelling within a building or structure consisting of six or more separate residential dwellings…
La. Rev. Stat. § 9:3261.2 Lease agreements for certain residential dwellings; sexual assault victims
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§3261.2. Lease agreements for certain residential dwellings; sexual assault victims A. Definitions (1) "Qualified third party" means a program director of a sexual assault center as defined in R.S. 46:2187, a sexual assault advocate as defined in R.S. 46:2186(C), provided the adv…
La. Rev. Stat. § 9:327 Determination of domestic abuse for spousal support
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§327. Determination of domestic abuse for spousal support A. In awarding final spousal support pursuant to Civil Code Article 112(B), the court shall consider any criminal conviction of the obligor spouse for an offense committed against the claimant spouse during the course of t…
La. Rev. Stat. § 9:3301 Short title
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§3301. Short title This Chapter shall be known and may be cited as the Louisiana Lease of Movables Act. Acts 1985, No. 592, §1, eff. July 13, 1985.
La. Rev. Stat. § 9:3302 Declaration of policy
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§3302. Declaration of policy It is declared to be the policy of this state to encourage and foster the leasing of movable property to individuals and businesses, thus promoting economic growth and development. To this end, financed leases, which have previously been construed as …
La. Rev. Stat. § 9:3303 Scope
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§3303. Scope A. This Chapter shall apply to all leases of movable property located in this state, whether the property is initially leased in Louisiana or subsequently moved into this state. B. Subject to the provisions of R.S. 9:3303 (D), (E), and (F), a lease agreement affectin…
La. Rev. Stat. § 9:3304 Exclusions
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§3304. Exclusions A. This Chapter shall not apply to leases of immovable property. This Chapter shall, however, continue to apply to leases of movable property which subsequently becomes a component part of an immovable or which are immobilized by declaration as provided under Ar…
La. Rev. Stat. § 9:3305 Waiver; agreement to forego rights
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§3305. Waiver; agreement to forego rights A consumer lessee may not waive or agree to forego any rights or benefits under this Chapter except that a claim, if disputed in good faith, may be settled by compromise or agreement. Acts 1985, No. 592, §1, eff. July 13, 1985; Acts 1986,…
La. Rev. Stat. § 9:3306 Definitions
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§3306. Definitions (1) "Adjusted capitalized cost" means the capitalized cost of the leased equipment less any capitalized cost reduction payments made by the lessee at the inception of the lease. (2) "Agricultural purpose" means a purpose related to the production, harvest, exhi…
La. Rev. Stat. § 9:3307 Terms
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§3307. Terms Whenever applicable in this Chapter, use of the masculine includes the feminine and use of the plural includes the singular and vice versa. Acts 1985, No. 592, §1, eff. July 13, 1985.
La. Rev. Stat. § 9:3308 Construction against implicit repeal
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§3308. Construction against implicit repeal This Chapter being a general act is intended as a unified coverage of the subject matter. No part of this Chapter shall be deemed impliedly repealed by subsequent legislation if such construction can be reasonably avoided. Acts 1985, No…
La. Rev. Stat. § 9:3309 True leases
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§3309. True leases Except as specifically provided in this Chapter, true leases are subject to Title IX of Book III of the Civil Code entitled "Of Lease." Acts 1985, No. 592, §1, eff. July 13, 1985.
La. Rev. Stat. § 9:331 Custody or visitation proceeding; court-ordered mental health evaluation
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§331. Custody or visitation proceeding; court-ordered mental health evaluation A. The court may order a mental health evaluation of a party or the child in a custody or visitation proceeding for good cause shown. The mental health evaluation shall be made by a licensed mental hea…
La. Rev. Stat. § 9:331.1 Drug testing in custody or visitation proceeding
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§331.1. Drug testing in custody or visitation proceeding The court for good cause shown may, after a contradictory hearing, order a party in a custody or visitation proceeding to submit to specified drug tests and the collection of hair, urine, tissue, and blood samples as requir…
La. Rev. Stat. § 9:331.2 Custody and visitation proceeding; parenting education programs
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§331.2. Custody and visitation proceeding; parenting education programs A. Upon the motion of any party, or on its own motion, the court may for good cause shown or upon agreement of the parties require the parties in a custody or visitation proceeding to attend and complete a co…
La. Rev. Stat. § 9:331.3 Custody or visitation proceeding; court-ordered child custody evaluation
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§331.3. Custody or visitation proceeding; court-ordered child custody evaluation A. The court may order a child custody evaluation in a custody or visitation proceeding for good cause shown. The child custody evaluation shall be made by a licensed mental health professional, as d…
La. Rev. Stat. § 9:3310 Financed leases
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§3310. Financed leases A. Except as specifically provided in this Chapter, financed leases are subject to Title IX of Book III of the Civil Code entitled "Lease." Financed leases entered into after Chapter 9 of the Louisiana Commercial Laws becomes effective are a type of secured…
La. Rev. Stat. § 9:3310.1 Constructive delivery and possession in sale/lease-back situations
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§3310.1. Constructive delivery and possession in sale/lease-back situations When equipment is sold to, and is contemporaneously leased under a true or financed lease by the vendee/lessor back to the vendor/lessee, the filing of a financing statement as provided in R.S. 9:3342(B) …
La. Rev. Stat. § 9:3311 Interest rate charges; true leases
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§3311. Interest rate charges; true leases Interest rate charges capitalized into both consumer and commercial purpose true leases are unregulated and are not subject to conventional interest rate or usury limitations. Acts 1985, No. 592, §1, eff. July 13, 1985.
La. Rev. Stat. § 9:3312 Interest rate charges; financed leases
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§3312. Interest rate charges; financed leases A. Maximum interest rate charges capitalized into consumer purpose financed leases shall be limited as follows: (1) The total of: (a) Twenty-four percent per year on that part of the adjusted capitalized cost under the lease which is …
La. Rev. Stat. § 9:3313 Additional lease related charges
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§3313. Additional lease related charges A. Both true and financed lease agreements, whether for consumer or commercial purposes, may contractually provide for the assessment, imposition, and collection of the following additional lease related charges: (1) Taxes, including but no…
La. Rev. Stat. § 9:3314 Late charges
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§3314. Late charges A. Lessees under both true and financed consumer lease agreements may contractually agree to pay late charges on any one or more rental payments which are not paid in full within ten days after the scheduled or deferred due dates, in an amount not to exceed fi…
La. Rev. Stat. § 9:3315 Deferral charges
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§3315. Deferral charges A. The parties to a true or financed consumer lease may agree, verbally or in writing, before or after default, to a deferral of all or part of one or more unpaid rental payments in consideration for which the lessor may assess, impose, and collect a defer…
La. Rev. Stat. § 9:3316 Early termination charges
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§3316. Early termination charges A. Both true and financed lease agreements, whether for consumer or commercial purposes, may contractually provide for the assessment, imposition, and collection of reasonable early termination charges, including but not limited to: (1) An early t…
La. Rev. Stat. § 9:3317 End of lease charges
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§3317. End of lease charges A. Both true and financed lease agreements, whether in connection with consumer or commercial purpose leases, may contractually provide for the assessment, imposition, and collection of reasonable end of lease charges, including but not limited to: (1)…
La. Rev. Stat. § 9:3318 Options of lessor following lessee's default
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§3318. Options of lessor following lessee's default A.(1) In the event of default by the lessee under a true lease, or under a financed lease entered into prior to the time Chapter 9 of the Louisiana Commercial Laws becomes effective, the lessor may do any one of the following: (…
La. Rev. Stat. § 9:3319 Accelerated rental payments
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§3319. Accelerated rental payments A. If the lessor under either a true or financed lease elects to recover accelerated future rental payments and additional amounts that are then due and owing under the lease following the lessee's default, as provided under R.S. 9:3318(A)(1), t…
La. Rev. Stat. § 9:332 Custody or visitation proceeding; mediation
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§332. Custody or visitation proceeding; mediation A. The court may order the parties to mediate their differences in a custody or visitation proceeding. The mediator may be agreed upon by the parties or, upon their failure to agree, selected by the court. The court may stay any f…
La. Rev. Stat. § 9:3320 Cancellation of lease following lessee's default
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§3320. Cancellation of lease following lessee's default A. If the lessor elects to cancel the lease following the lessee's default as provided in R.S. 9:3318(A)(1)(b), the lessor shall forward a written notice to the lessee to that effect, which notice may either be personally de…
La. Rev. Stat. § 9:3321 Surrender of leased property after notice
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§3321. Surrender of leased property after notice Within five days after receipt of the notice of cancellation or within five days after its mailing, whichever is earlier, or if the lease agreement provides for a longer period, then within such longer period, the lessee shall surr…
La. Rev. Stat. § 9:3322 Summary proceeding for surrender of property; rule to show cause; judgment
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§3322. Summary proceeding for surrender of property; rule to show cause; judgment A. If the lessee fails or refuses to surrender the leased property to the lessor within the delays provided in R.S. 9:3321, the lessor may cause the lessee to be cited summarily by a court of compet…
La. Rev. Stat. § 9:3323 Appeal from judgment on rule
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§3323. Appeal from judgment on rule A suspensive appeal shall not be granted unless the lessee has answered the rule under oath, pleading an affirmative defense entitling him to retain possession of the leased movable, and the appeal has been applied for and the appeal bond filed…
La. Rev. Stat. § 9:3324 Ordinary proceedings in addition to summary proceedings
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§3324. Ordinary proceedings in addition to summary proceedings In addition to the summary proceeding provided above, the lessor may at its option, commence an ordinary proceeding against the lessee to cancel the lease, to recover possession of the leased property or to collect su…
La. Rev. Stat. § 9:3325 Recovery of liquidated damages
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§3325. Recovery of liquidated damages A. The lessor may commence an ordinary proceeding against the lessee, as provided in R.S. 9:3324, to recover amounts then due and owing under the lease as well as such liquidated damages as may be provided under the lease agreement. Any refun…
La. Rev. Stat. § 9:3326 Sequestration in ordinary proceedings
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§3326. Sequestration in ordinary proceedings In an ordinary proceeding, the lessor may also have the leased movable sequestered as provided by the Louisiana Code of Civil Procedure and by furnishing security in an amount determined by the court to be sufficient to protect the les…
La. Rev. Stat. § 9:3327 Release to lessee of sequestered property
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§3327. Release to lessee of sequestered property The court shall permit the release to the lessee of the sequestered leased property on the lessee's furnishing security in an amount deemed by the court sufficient to protect the rights of the lessor. Acts 1985, No. 592, §1, eff. J…
La. Rev. Stat. § 9:3328 Release of sequestered property to lessor
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§3328. Release of sequestered property to lessor If the lessee does not obtain the release of the sequestered leased property within ten days of its seizure, the court may permit its release to the lessor, without his furnishing additional security unless application for such add…
La. Rev. Stat. § 9:3329 Prohibition against self-help repossession
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§3329. Prohibition against self-help repossession A. Except as provided in R.S. 9:3330, a lessor is prohibited from attempting to recover possession of the leased property following the lessee's default under any form of self-help repossession. B. It shall be unlawful for lessors…
La. Rev. Stat. § 9:333 Duties of mediator
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§333. Duties of mediator A. The mediator shall assist the parties in formulating a written, signed, and dated agreement to mediate which shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify …
La. Rev. Stat. § 9:3330 Lessor's right to protect and preserve leased property
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§3330. Lessor's right to protect and preserve leased property A. Notwithstanding the prohibition against self-help repossession in R.S. 9:3329 and under other applicable Louisiana laws, a lessor shall have the right to take possession of leased property wherever it may be found i…
La. Rev. Stat. § 9:3331 Requirement of insurance
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§3331. Requirement of insurance A. In any lease transaction made under the authority of this Chapter, including both true leases and financed leases, and whether such leases are entered into for consumer or commercial purposes, the lessor may request or require the lessee to prov…
La. Rev. Stat. § 9:3332 Credit life and credit health and accident insurance
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§3332. Credit life and credit health and accident insurance A. On all consumer lease transactions, including both consumer purpose true leases and financed leases, the premium rate for declining balance credit life insurance shall not exceed one dollar per one hundred dollars per…
La. Rev. Stat. § 9:3333 Property insurance
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§3333. Property insurance A lessor may request or require a lessee to insure the leased property against loss, damage, destruction, and other contingencies, as well as require the lessee to obtain comprehensive liability insurance with regard to use of the leased property and the…