10.6 Reconduction

A “reconducted lease” is a continuation of the lease under the same terms, except that the fixed term in the old lease is voided and the reconducted lease is considered to be month-to-month.1  All provisions of the lease, other than the term, continue in effect. Legal reconduction takes place when a fixed term lease expires, without opposition.2

The presumption of reconduction (when the lessee remains in possession of the premises beyond the terms of the lease) is not to be used to force a contract on parties who are unwilling to contract. Its purpose is merely to establish a rule of evidence, or presumption, as to intent when contrary intent has not been expressed. Therefore, any intent not to renew the lease on the same terms defeats reconduction.3  For example, no reconduction takes place where the tenant and landlord negotiate for a new lease prior to the expiration of the old lease, and such negotiations involve terms which differ substantially from the old lease.4

• 1La C.C. arts. 2721–2724; see Mays v. Alley, 599 So. 2d 459 (La. App. 2 Cir. 1992); Baronne Street, Ltd. v. Pisano,, 526 So. 2d 345 (La. App. 4 Cir. 1988); Misse v. Dronet, 493 So. 2d 271 (La. App. 3 Cir. 1986); King Plaza Inc. v. Richter, 303 So. 2d 504 (La. App. 2 Cir. 1974). Prior rules codified at La. C.C. arts. 2685, 2689.
• 2See Governor Claiborne Apartments, Inc. v. Attaldo, 235 So. 2d 574 (La. 1970); Torco Oil Co. v. Grif-Dun Group, Inc., 617 So. 2d 102 (La. App. 4 Cir. 1993).
• 3Misse, 493 So. 2d 271.
• 4Divincenti v. Redondo, 486 So. 2d 959 (La. App. 1 Cir. 1986).