Louisiana Revised Statutes 9:3325 – Recovery of liquidated damages
Terms Used In Louisiana Revised Statutes 9:3325
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
A. The lessor may commence an ordinary proceeding against the lessee, as provided in La. Rev. Stat. 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 refundable security deposit held by the lessor may be retained and shall be credited against the lessee’s liability for liquidated damages and other amounts owed the lessor.
B. The court shall award liquidated damages to the lessor only if it finds the amount thereof to be reasonable. If the court finds the amount of liquidated damages to be unreasonable, or if there is no such stipulation, then the court may, in its discretion, award liquidated damages to the lessor.
Acts 1985, No. 592, §1, eff. July 13, 1985; Acts 1986, No. 213, §1.