1.4.1 General Principles

If a lease has a fixed term, it automatically terminates by the arrival of the term.1  However, the lease may contain an option to extend the term or renew the lease; if the option is exercised, the lease continues subject to the provision of the option.2  If a lease with a fixed term terminates but the landlord does not issue a notice to vacate or make other objections and the tenant has remained in possession for the required period of time (typically a week), then the lease is reconducted.3  For most residential leases, the term of a reconducted lease is month to month.4

If the original lease did not have a fixed term or a lease with a fixed term has been reconducted, the lease term is month to month.5  Either party can terminate such a lease by written notice 10 days before the end of the month.6  However, if there was an original written lease, you should always check the notice requirement for nonrenewal because the terms of the original lease apply on a month-to-month basis and most written leases require 30 days’ notice.

• 1La. C.C. art. 2679.
• 2La. C.C. art. 2725.
• 3La. C.C. art. 2721.
• 4La. C.C. art. 2723.
• 5La. C.C. art. 2680.
• 6La. C.C. arts. 2727–2729.