Louisiana Revised Statutes 9:3261.2 – Lease agreements for certain residential dwellings; sexual assault victims
Terms Used In Louisiana Revised Statutes 9:3261.2
- 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
- Oath: A promise to tell the truth.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Definitions
(1) “Qualified third party” means a program director of a sexual assault center as defined in La. Rev. Stat. 46:2187, a sexual assault advocate as defined in La. Rev. Stat. 46:2186(C), provided the advocate is a licensed clinical social worker or licensed professional counselor, any healthcare provider that conducted a forensic medical examination as defined in La. Rev. Stat. 15:622, or a prosecuting attorney or investigating law enforcement officer who has personal involvement in the investigation or prosecution of any criminal case relative to the sexual assault.
(2) “Reasonable documentation” shall be exclusively confined to mean any of the following documents:
(a) A completed certification of sexual assault as set forth in this Section, signed under oath by a qualified third party as defined in this Section.
(b) A Uniform Abuse Prevention Order.
(3) “Sexual assault” means any nonconsensual sexual contact including but not limited to any act provided in La. Rev. Stat. 15:541(24). Sexual assault also means obscenity, as provided in La. Rev. Stat. 14:106, or voyeurism, as provided in La. Rev. Stat. 14:283.1, provided that the obscenity or voyeurism occurred on the leased premises.
(4) “Sexual assault victim” means a victim of sexual assault as defined in La. Rev. Stat. 46:1842.
B. In order for a lessee to receive an early termination as provided in this Section, the lessee shall do all of the following:
(1) Assert in writing to the lessor that the lessee is a victim of sexual assault and that the lessee seeks early termination under Subsection C of this Section.
(2) Provide to the lessor reasonable documentation that the lessee seeking an early termination was a victim of an act of sexual assault in Louisiana within the past sixty days, provided that the sexual assault occurred after the execution of the lease agreement. If the sexual assault did not occur on the leased premises, then the lessee shall give a declaration of why continuing to reside in the leased premises may pose a threat to the victim’s safety in the certification provided in Subsection D of this Section.
(3) Assert in writing that the lessee will not knowingly and voluntarily permit the sexual offender further access to, visitation on, or occupancy of the lessee’s residential dwelling unit and acknowledging that any violation of this Section may result in eviction or termination of the lease.
(4) Otherwise meet or agree to fulfill all requirements of a lessee under the lease agreement.
C. If a lessee fulfills all the requirements of Subsection D of this Section, the lessor shall grant the lessee the requested early termination of the lease, as provided by this Subsection.
(1) If the lessee requests early termination of the lease agreement, the lessor shall terminate the lease agreement as a matter of law on a mutually agreed-upon date within thirty days of the written request for early termination. The lessee requesting the early termination shall vacate the residential dwelling by the date to avoid liability for future rent.
(2) In such cases, the lessee requesting the early termination is liable only for rent paid through the early termination date of the lease and any previous obligations to the lessor outstanding on that date. The amount due from the lessee shall be paid to the lessor on or before the date the lessee vacates the dwelling. The lessor may withhold the lessee’s security deposit only for any reason permitted under La. Rev. Stat. 9:3251. If the lessee or an additional lessee is a sexual assault offender named on reasonable documentation presented to the lessor, the lessor shall be entitled to an immediate eviction of the sexual assault offender upon presenting the court with reasonable documentation of the assault.
(3) When there are multiple lessees who are parties to a lease agreement for which the accommodation of early termination is requested by one or more lessees, and upon the lessee’s timely providing to the lessor reasonable documentation of the sexual assault as required in this Section, the entire lease shall terminate on the mutually agreed-upon date, and the lessor shall be entitled to an immediate eviction of all lessees upon presenting the court with reasonable documentation of the sexual assault. If the lessee or an additional lessee is a sexual assault offender named on the reasonable documentation presented to the lessor, then the lessor shall be entitled to an immediate eviction of the sexual assault offender upon presenting the court with reasonable documentation of the assault. Lessors shall be immune from any and all lawsuits, claims, demands, or causes of action filed by or on behalf of lessees.
D. A certification of sexual assault form as provided by this Section shall read substantially the same as follows:
“(Name of qualified third party and, if applicable, the name of their sexual assault center, office, or agency)
I have suffered sexual assault as defined in La. Rev. Stat. 9:3261.2.
Briefly describe the incident giving rise to the claim of sexual assault:
The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s): ____________ and at the following location(s): ______________________________________________________.
The incident(s) that I rely on in support of this declaration was/were committed by the following person(s) (if known): ___________________________.
I state under the penalties provided in La. Rev. Stat. 14:125 that the foregoing is true and correct. By submitting this statement, I do not waive any legally recognized privilege protecting any communications that I have with the agency or representative whose name appears below or with any other person or entity. I understand that my obligation to pay rent does not end until the early termination date of my lease as decided by the lessor or until I vacate the premises upon receiving agreement by the lessor to terminate my obligations under the lease early.
Dated at ____________, Louisiana, this ______ day of ____ 20 ___.
Signature of Lessee
I verify under the penalties provided in La. Rev. Stat. 14:125 that I have provided services to the person whose signature appears above and that, based on information communicated to me by the person whose signature appears above, the individual has suffered sexual assault as defined by La. Rev. Stat. 9:3261.2, and that the individual informed me of the name of the alleged perpetrator of the actions (if known), giving rise to the claim, if known. This verification does not waive any legally recognized privilege that I, my agency, or any of its representatives have with the person whose signature appears above.
Dated this day of ___ , 20__ .
(Signature of qualified third party)
PRINTED NAME
(License number or organizational tax identification number)
(Organization name)
(Printed address)”
E. The provisions of this Section may not be waived or modified by the agreement of the parties under any circumstances.
Acts 2021, No. 1, §1, eff. June 1, 2021.