5.4.3 Natural Disasters

Following a hurricane or other natural disaster, it is common to see landlords conduct mass evictions for inspection and repair. The terms of the lease will typically control in this situation. However, in the absence of specific lease terms, the Civil Code applies. If a unit is totally destroyed, the lease automatically terminates.1  The landlord still must go through the legal eviction process. However, if a unit is only partially destroyed, or the tenant’s use “substantially impaired,” the tenant may choose to terminate the lease, but the landlord may not.2  To determine the level of damage, the Court may consider (1) length of time the repairs would take, (2) the extent of the tenant’s loss of use, (3) the length of time the tenant would be displaced, (4) damage done to the tenant’s property, (5) the amount paid by the insurer of the building to the insured (as compared with the value of the building), (6) the cost of repairs, and (7) to what degree and which parts of the building are damaged.3  In the case of mass evictions post-disaster, advocates should insist that the landlord must do a unit-by-unit assessment of damage. It is not permissible to simply evict everyone from a multifamily property because some units sustained some damage.

• 1La. C.C. art. 2714.
• 2La. C.C. art. 2715; Chivleatto v. Family Furniture & Appliance Ctr., 196 So. 2d 298, 301 (La. App. 4 Cir. 1967); Treigle Sash Factory, Inc. v. Saladino, 31 So. 2d 172, 175 (La. 1947).
• 3See Bossier Ctr., Inc. v. Palais Royal, Inc., 385 So.2d 886 (La. App. 2 Cir. 1980); Eubanks v. McDowell, 460 So.2d 42 (La. App. 1 Cir. 1984).