5.2.5 Waiver/Lease Modification

Numerous Louisiana courts have held that a landlord’s continued acceptance of late payment of rent without any advance notice that timely payments will be required in the future establishes a custom that has the effect of altering the lease. At that point, the landlord is not allowed to refuse late rent payments unless notice of strict compliance with the due date is given to the tenant prior to the month for which payment is sought.1

Second Zion Baptist Church #1 v. Pamela Jones.2  Court held that landlord who accepted a pet deposit materially altered a lease with a no-pet clause to allow for pets and could not evict tenant for having a dog on the property.

• 1Versailles Arms Apartments v. Pete, 545 So. 2d 1193 (La. App. 4 Cir. 1989); Hous. Auth. of Town of Lake Providence v. Burks, 486 So. 2d 1068 (La. App. 2 Cir. 1986); Hous. Auth. of City of Monroe v. Wheatley, 478 So. 2d 569 (La. App. 2 Cir. 1985); Hous. Auth. of Town of Lake Providence v. Allen, 486 So. 2d 1064 (La. App. 2 Cir. 1986).
• 22017-CA-0926 (La. App. 4 Cir. 4/18/18), 245 So. 3d 9.