La. Stat. Ann. § R.S. 9:3261.2
Lease agreements for certain residential dwellings; sexual assault victims
Operative Text
§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 advocate is a licensed clinical social worker or licensed professional counselor, any healthcare provider that conducted a forensic medical examination as defined in R.S. 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 R.S. 15:541(24). Sexual assault also means obscenity, as provided in R.S. 14:106, or voyeurism, as provided in R.S. 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 R.S. 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 R.S. 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 R.S. 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 R.S. 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 R.S. 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 R.S. 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.
Under La. R.S. § 9:3261.2, Louisiana law establishes a process by which residential tenants who are victims of sexual assault may terminate a lease early without the full financial penalties that would ordinarily apply. To qualify, the tenant must provide written notice and "reasonable documentation" — such as a signed certification from a qualified third party or a Uniform Abuse Prevention Order — confirming that the assault occurred in Louisiana within the past sixty days and after the lease was signed. The provision also specifies how security deposits may be handled, how liability for rent is calculated through the early termination date, and that its protections cannot be waived by any agreement between the parties.
Plain English — not legal advice.
Property owners and managers operating in Louisiana should be aware that La. R.S. § 9:3261.2 creates a mandatory early termination right for qualifying sexual assault victims — meaning that when a tenant submits a proper written request along with compliant documentation, the lessor is required by law to agree to a termination date within thirty days. Compliant operators generally establish an internal process for receiving and reviewing such requests, confirm that security deposit withholding is limited to reasons permitted under R.S. 9:3251, and understand that the statute's protections cannot be altered or waived through lease language. Where multiple tenants share a lease and one requests early termination under this provision, operators should be prepared for the possibility that the entire lease may terminate as a result.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. R.S. § 9:3261.2 gives residential tenants in Louisiana who have experienced sexual assault a statutory right to end their lease early under defined conditions, limiting their financial exposure to rent owed only through the agreed termination date. To exercise this right, a tenant generally submits a written assertion of victim status, provides qualifying documentation signed by a qualified third party such as a licensed social worker, counselor, healthcare provider, or law enforcement officer, and commits in writing not to allow the offender access to the unit. Tenants who want to understand how this process applies to their circumstances may find it helpful to contact a local sexual assault center, a tenant-rights organization, or a legal aid office familiar with Louisiana housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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