New Louisiana lease law gives Baton Rouge stalking victims a path to end leases early
A Louisiana law that took effect August 1 gives Baton Rouge renters affected by stalking or cyberstalking a new statutory path to seek early termination of a residential lease.
Act 64 expands an existing protection for certain domestic-abuse victims, but it does not let a tenant simply move out and stop paying rent without following the required documentation and certification process.
What Act 64 changed
Louisiana’s residential-lease law previously covered certain domestic-abuse circumstances but did not specifically include stalking or cyberstalking. Act 64 adds stalking and cyberstalking to the qualifying circumstances under the law.
The law applies statewide, including to residential renters in Baton Rouge. It gives an eligible tenant a way to request early lease termination when the statutory conditions are met, rather than treating the lease as automatically canceled.
What a Baton Rouge renter must provide
A tenant seeking early termination must provide the lessor with reasonable documentation that the tenant or a household member was a victim of qualifying conduct.
When the stalking or cyberstalking did not occur on the leased premises, the tenant must also provide a written declaration explaining why continuing to live there may pose a threat to the victim’s safety. The statutory certification includes a statement signed under penalty of perjury.
The certification must also be supported by a qualified third party. Under the law’s form, that person verifies under penalty of perjury that services were provided to the tenant and that the tenant or a household member reported domestic abuse, stalking or cyberstalking.
Who may verify the certification
Act 64 lists several eligible qualified third parties. They include the executive director, program director or another employee of a community-based shelter contracted with the Louisiana Department of Children and Family Services, if that employee is a licensed clinical social worker or has a master’s degree in social work; a licensed professional counselor; a prosecuting attorney; or an investigating law-enforcement officer personally involved in investigating or prosecuting a related criminal case.
The certification may identify the alleged perpetrator if known. The law also preserves legally recognized privileges covering communications with the assisting agency or representative.
Moving out does not automatically end rent
Submitting the certification does not by itself end the tenant’s rent obligation. The statutory form states that rent continues until the early-termination date decided by the lessor or until the tenant vacates after receiving the lessor’s agreement to terminate the tenant’s obligations early.
For Baton Rouge renters, that means they should not assume they can stop paying rent or leave immediately simply because they submitted a request. The applicable termination arrangement should be confirmed before moving out.
A security deposit also is not automatically protected from deductions. Act 64 states that a lessor may keep the security deposit or other amounts as permitted by law.
Documentation concerns remain
Baton Rouge-datelined reporting by WAFB highlighted concerns about how quickly a victim may be able to gather supporting documentation, particularly when the conduct happens suddenly. State Rep. Mandie Landry, the bill’s author, acknowledged that concern in the report.
A tenant-rights attorney also raised concerns about situations in which a landlord is accused of stalking the tenant. The attorney said the documentation requirement could create legal challenges and expected lawsuits to follow, but WAFB’s report did not establish that litigation had been filed or that a court had invalidated the law.
What renters should do next
For Baton Rouge renters affected by stalking or cyberstalking, Act 64 creates a statutory path to request early lease termination—not an automatic cancellation of the lease.
Before moving out or stopping rent, tenants should review the enacted law, gather reasonable documentation, complete the required declaration and certification process, and seek assistance from an eligible qualified third party or qualified legal-services provider.
Sources
Discover more from Interactive News
Subscribe to get the latest posts sent to your email.
