5.5.2 Equitable Discretion or “Judicial Control”

Louisiana courts have always had equitable discretion not to cancel a lease for nonpayment of rent.1  The 2004 revisions to the lease articles arguably broadened this discretion by expressly incorporating the Civil Code articles on obligations and contracts as the manner for regaining possession.2  The title on conventional obligations expressly allows a court to give a tenant in default for nonpayment of rent additional time to perform.3

As a practical matter, courts generally limit their exercise of equitable discretion to cases in which the nonpayment of rent was not willful and the landlord is immediately made whole,4  the landlord’s acts or omissions contributed to the delay in receiving the rent,5  or unusual circumstances are present.6  The doctrine of judicial control should be similarly applicable to evictions for other lease violations.

• 1Porter v. Miller, 2000-1436 (La. App. 3 Cir. 02/28/01), 782 So. 2d 1123; Ergon, Inc. v. Allen, 593 So. 2d 438 (La. App. 2 Cir. 1992); Hous. Auth. of Lake Charles v. Minor, 355 So. 2d 271 (La. App. 3 Cir. 1977); Metzinger v. Bundrick, 503 So. 2d 666 (La. App. 3 Cir. 1987).
• 2La. C.C. art. 2704.
• 3La. C.C. art. 2013.
• 4See Atkinson v. Richeson, 393 So. 2d 801 (La. App. 2 Cir. 1981) (tenant erroneously believed that his wife had paid rent and immediately attempted to cure default upon notice); Hous. Auth. of Lake Charles v. Minor, 355 So. 2d 271 (La. App. 3 Cir. 1977) (tenant’s employment check bounced, but he immediately attempted to remedy the situation); Edwards v. Standard Oil Co. of La., 144 So. 430 (La. 1932) (rent check unduly delayed in mail); Rudnick v. Union Producing Co., 25 So. 2d 906 (La. 1946) (legitimate dispute over additional rent payment claimed).
• 5See, e.g., Bordelon v. Bordelon, 434 So. 2d 633 (La. App. 3 Cir. 1983).
• 6Hartmann v. Bank of La., 95-3058, p. 19 (La. 12/13/96), 702 So. 2d 648.