Who does this law protect?
This section of the housing law protects a tenant or the tenant’s family or household member who is a domestic abuse victim. A “domestic abuse victim” is defined as a tenant or household member who is a petitioner on a domestic abuse protective order or who has completed a certification of domestic abuse.1
1 La. Rev. Stat. § 9:3261.1(B)(4)
What protections does this law offer?
Under certain circumstances, if you or your family or household member are a domestic abuse victim, you may end (terminate) a residential lease early without facing any penalties.1
It is also illegal for the landlord to do any of the following because you or your family or household member are a domestic abuse victim or called law enforcement or other emergency assistance after an incident of domestic abuse that happened in your home:
- deny you a lease;
- end or not renew your lease; or
- charge you any extra fees.2
1 La. Rev. Stat. § 9:3261.1(F)
2 La. Rev. Stat. § 9:3261.1(B)(1), (C), (D)
How does the housing law define "domestic abuse"?
For the purposes of defining a victim of domestic abuse under this law, “domestic abuse” is defined as the intentional use of force or violence by one household or family member against another household or family member that takes place inside the rented home.1 This covers any “crime of violence” under Louisiana law, meaning a crime that involves the use, attempted use, or threatened use of physical force.2 Examples of this include murder, assault, battery, rape, kidnapping, arson, burglary, robbery, carjacking, stalking, human trafficking, home invasion, and violation of a protective order. 2
1 La. Rev. Stat. § 9:3261.1(B)(2)
2 La. Rev. Stat. § 14:35.3
How does the housing law define "family member" and "household member"?
A “family member” means:
- a current or former spouse;
- a parent, including biological, foster, or stepparent (including the other parent of any child of the domestic abuse offender);
- a child, including biological, foster, or stepchild;
- other ascendants, such as a grandparent; and
- other descendants, such as a grandchild.1
A “household member” means:
- any person presently or formerly living in the same home as the victim who has been involved in a sexual or intimate relationship with the victim; or
- any child presently or formerly living in the same home as the abuser; or
- any child of the abuser no matter where the child lives.2
1 La. Rev. Stat. § 14:35.3(4)
2 La. Rev. Stat. § 14:35.3(5)