Landlord/Tenant, Eviction and Foreclosure Issues
LOUISIANA REALTORS • March 28, 2020
CORONAVIRUS LEGAL IMPACT: LANDLORD/TENANT, EVICTION AND FORECLOSURE ISSUES
By: Patricia B. McMurray, JD and Melissa M. Grand, JD Baker, Donelson, Bearman, Caldwell & Berkowitz, PC450 Laurel Street, Chase Tower North, 21st FloorBaton Rouge, Louisiana 70801
The COVID-19 outbreak is significantly impacting the real estate industry, and many legal issues are being raised as a result. We have compiled the following information in response to inquiries in areas affected by coronavirus, including landlord/tenant issues, eviction, and foreclosure.[1] This article is intended for general guidance and we encourage you to consult with your attorney if faced with any of the below scenarios. These issues are very fact specific and require even greater analysis given the uncertainty surrounding these events. In addition, we encourage you to reach out to your loan servicers and insurers to determine what, if any, financial resources or tools are available to you or your tenant at this time.
1. Can I still collect rent payments from tenants?
Short Answer: Rent payments may still be collected at this time unless the language in a lease provides otherwise.
The contract language of each lease is different. The impact of the pandemic on lease contracts is uncertain as this time. The lease contract language will impact each party’s duties and obligations under the lease, including collection and/or deferral of rent payments because of for example force majeure clauses. Each lease should be carefully examined and considering these novel circumstances, you should consult with an attorney in analyzing the landlord’s rights under the lease, as well as your business interruption insurer for possible coverage.
Also, commercial, residential, and multifamily, leases will each warrant varying considerations. For example, certain businesses may have been ordered to temporarily close by Governor Edward’s Stay at Home Order (the “Order”).[2] Other commercial tenants, classified as “essential” services under the Order, may be open and operating. In either instance, the commercial tenant’s cash flow may be severely limited at this time, leading it to seek rent relief from landlords. What ramifications this and other effects of the pandemic may have on specific leases is fact and contract specific.
For general information about federal relief programs for landlords and small businesses, please see REALTORS® and NAR.
2. Can a current tenant prohibit prospective tenants from viewing the property due to concerns related to coronavirus?
Short Answer: Generally, a tenant may not prevent the showing of a property unless prohibited by the terms of the lease. However, if the issue arises a landlord should consult his or her attorney to determine how to proceed.
Considering current CDC guidelines and the Governor’s Stay at Home Order, it is recommended that virtual tours of the property in lieu of in-person showings be conducted especially if the property is occupied by a tenant. See LR’s website for additional guidance.
Also, if the current tenant is quarantined or self-isolating at the request of medical professionals due to being exposed to coronavirus, the 14-day quarantine period should end before showing the property. See also, National Association of REALTORS® (“NAR”). Professional cleaning and sanitizing the property after the quarantine is also recommended.
Although there are no court cases on this issue yet, there is the potential for a claim of liability and damages for showing a property if the current tenant objects because of fear of the coronavirus depending on the facts and circumstances. Further, the tenant may be entitled to having the property cleaned and sanitized if the landlord wishes to show the property. Consult your attorney if this situation arises.
3. What happens if a landlord has leased a property that is still being occupied because the current tenant cannot (due to quarantine) or will not move due to coronavirus concerns?
Short Answer: If a tenant or anyone living in the property is under quarantine for coronavirus, they should be permitted to remain in place for the remaining time of their quarantine (generally 14 days).
A lease may provide holdover penalties for a tenant’s failure to timely vacate a property. A landlord should use discretion in choosing to enforce such a provision or not. This and other potential remedies are lease contract and fact-specific.
It is advisable that the landlord have the property professionally cleaned and sanitized before the next tenant moves in. Retain documentation that the property was professionally cleaned. For additional guidance, see NAR's website and the CDC's guidelines.
4. In the above scenario where a leased property is still being occupied and the tenant refuses to move, what happens to the security deposit from the new tenant? What happens to the security deposit from the previous tenant if this tenant is still occupying the property?
Short Answer:
The right to the security deposit will be governed by the lease.
The contract language of each lease is different and will determine what happens to the security deposit if a tenant fails to vacate, or a new tenant is unable to occupy the property. Depending on the lease language, holdover penalties or forfeiture of deposits may be provided. Consulting with your attorney is recommended.
5. Am I required to or prohibited from telling a potential tenant that the leased property was previously occupied by a tenant who tested positive for coronavirus or had symptoms suggestive of coronavirus?
Short Answer: General disclosure is most likely a good policy depending on the facts and circumstances. We have not located any specific rule prohibiting a general disclosure.
There are multiple laws to consider in determining whether the fact that someone in the property had coronavirus or symptoms suggestive of coronavirus must be disclosed. What disclosures are required will depend on the facts and circumstances. Louisiana law and the NAR Professional Standards discussed below, mandate various disclosures in certain circumstances. Further, privacy laws affect the disclosure of health and medical information.
A. NAR Professional Standards
Article 1 of the National Association of REALTORS® (“NAR”) Code of Ethics addresses a REALTOR®’s duty to clients and customers:
When representing a buyer, seller, landlord, tenant, or other clients as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly.
Thus, even when serving in a non-agency capacity, a REALTOR® remains obligated to treat all parties honestly.
In addition, Article 2 obligates REALTORS® to refrain from misrepresenting or concealing “pertinent facts” relating to a property or a transaction. Pertinent facts have been interpreted by NAR to mean any material fact that could affect a reasonable purchaser’s decision to purchase, or the price that a purchaser might pay unless the disclosure of such information is prohibited by law or regulation. Such factors include, but are not limited to, those factors that affect the habitability of the property, the desirability of the property, the price a reasonable purchaser might pay for it, or the potential purchaser’s ability to resell the property at a future date.[3]
Applying the general principles outlined above, whether the information is a pertinent factor “that would have an effect on a reasonable purchaser’s decision,” as set forth in the Code of Ethics, is a fact-intensive question.[4] While the agent owes a duty of fidelity to the client under Article 1, disclosure of such information must be consistent with the spirit of Articles 1 and 2. Historically, the conservative view has been to err on the side of disclosure, so depending on the circumstances, general disclosure is most likely a good policy. We will continue to monitor this issue for specific guidance from NAR.
B. Known Defects to Property
Generally, under Louisiana law, a broker or owner owes a duty to disclose “known defects” in the property. A “known defect” is a “condition found within the property that was actually known by the seller and that results in any of the following:
(a) has a substantial adverse effect on the value of the property,
(b) significantly impairs the health or safety of future occupants of the property, or
(c) if not repaired, significantly shortens the expected normal life of the property.”[5]
An action by the purchaser, based on a real estate agent's failure to disclose a known defect in the premises, stems from a general duty owed by the agent to the public at large.[6] A real estate agent owes a specific duty to communicate accurate information concerning the property to the seller or the purchaser, or both when circumstances warrant, and may be held liable for negligent misrepresentation.[7]
COVIC-19 is a novel situation, and there are no Louisiana cases directly on point. Whether a tenant with coronavirus would be a “known defect” that must be disclosed has not yet been decided by the Courts.
Currently, there is no evidence to suggest that the coronavirus survives on surfaces that are cleaned and disinfected per the CDC’s recommended protocols.[8] As such, a Court may find that this situation would not qualify as a “known defect” under a strict reading of La. R.S. 9:3196(1), and therefore would not have to be disclosed. On the other hand, depending on the facts and circumstances, it is possible that a Court may find that intentionally withholding information about an occupant of the property having coronavirus may be withholding material information to constitute a “known defect.”
C. Privacy Considerations
Louisiana does not have specific privacy law directed at landlords or tenants, but, like most states, Louisiana recognizes a general right of privacy.[9] It is considered an invasion of privacy to disclose someone’s private information, such as their health or medical information.[10] There are exceptions when the public has a legitimate interest in the information.[11] State and federal privacy laws typically balance the right of privacy with the need to disseminate information in which the public has a legitimate interest, and, in those instances where the public does have a legitimate interest, the law authorizes disclosures of the least amount of information necessary for the intended purpose.[12] Informing the potential tenant that a previous occupant tested positive for the coronavirus without disclosing the previous occupants’ name or other identifying information represents a balance of the previous occupants’ right of privacy and the legitimate interest in the potential tenant’s health and welfare.
6. It the leased property is a commercial building occupied by many tenants, am I required to or prohibited from letting tenants know that a tenant in the building has tested positive for the coronavirus?
Short Answer: General disclosure is most likely a good policy depending on the facts and circumstances. We have not located any specific rule prohibiting a general disclosure.
A careful examination of each of the applicable lease agreements is required. Certain leases may contain confidentiality or privacy provisions that would restrict landlords or property managers from sharing information about another tenant in the building. In the interest of public safety, many landlords of commercial buildings are notifying tenants in multi-tenant buildings if a tenant tests positive with coronavirus, without identifying the individual’s name in the notice provided. Also, landlords should request that tenants to “self-report” and notify a designated human resources staff member if they receive a positive virus test so that the local and state health departments can be contacted immediately. Some landlords are also requiring the building to be vacated for a specified time for a professional cleaning and sanitizing of the building. If this is done, we suggest retaining documentation of the professional cleaning. We also suggest supplying tenants with notification of your written policy concerning notice if a tenant within the building tests positive for the Coronavirus.
7. Can foreclosures and evictions be filed or still proceed if already filed?
Short Answer: Foreclosures and evictions for federally backed mortgages are suspended until April 30, 2020.[13] Other than this restriction for federally backed mortgages, we are not aware of any other specific order or proclamation expressly affecting the ability of foreclosures and evictions from proceeding in Louisiana; however, obtaining an eviction or foreclosure order from the courts currently will be difficult or impossible because of the suspension of legal delays and the limited court services available.
A. Louisiana law on eviction or foreclosure
Louisiana law, for the most part, requires a judicial process, i.e. Court filings for evictions or foreclosure. Many Courts are currently closed or not setting hearings on non-essential matters, so the ability to obtain Court orders may be very limited at this time. Further, Governor Edward's Order[14] suspended all deadlines in “legal proceedings... in all courts, administrative agencies, and boards...,” so the timeline for eviction or foreclosure under Louisiana law (such as the 5 days required notice to vacate[15]) cannot run, unless the notice requirements have been waived in the lease or mortgage.[16] Please note that certain courts and/or municipalities have issued orders prohibiting evictions and it is, therefore, prudent to check with your attorney before taking any action to evict a tenant to determine the proper procedures in your area.
B. Federal Housing Administration property
The Federal Housing Administration (FHA) implemented a foreclosure and eviction moratorium for single family homeowners with FHA-insured mortgages until April 30, 2020.[17] The guidance issued applies to homeowners with FHA-insured Title II Single Family forward and Home Equity Conversion (reverse) mortgages, and directs mortgage servicers to:
- Halt all new foreclosure actions and suspend all foreclosure actions currently in process; and
- Cease all evictions of persons from FHA-insured single-family properties.[18]
FHA is encouraging servicers to offer loss mitigation options to distressed borrowers – including those that could be impacted by the coronavirus – to help prevent them from going into foreclosure. These include short and long-term forbearance options, mortgage modifications, and other mortgage payment relief options available based on the borrower’s individual circumstances.[19]
8. What can we do if a tenant has abandoned the leased property?
Short Answer: The property owner can reclaim the abandoned leased property.
The Governor’s Order specifically states that an owner of immovable property is not prohibited from reclaiming leased property if abandoned or from entering leased property to make necessary repairs.[20] Depending on the circumstances, consider having the property professionally cleaned and sanitized before the next tenant moves in. For additional guidance, see NAR’s website and the CDC’s guidelines, CDC’s guidelines.
DISCLAIMER
Information and additional guidance and orders regarding the pandemic are being issued daily. The information in the article was last updated on March 27, 2020 at 9:00 a.m.
These materials are to be used for informational purposes and should not be construed as specific legal advice. These materials are not designed to cover every aspect of a legal situation for every factual circumstance that may arise regarding the subject matter included.
This publication is for reference purposes only and association members or other readers are responsible for contacting their own attorneys or other professional advisors for legal or contract advice. The comments provided herein solely represent the opinions of the authors and is not a guarantee of interpretation of the law or contracts by any court or by the Louisiana Real Estate Commission.
[1] Information and additional guidance and orders regarding the pandemic are being issued daily. The information is the article was last updated on March 27, 2020 at 9:00 a.m.
[2] See Stay at Home Order.
[3] Code of Ethics and Arbitration Manual, p. 53.
[4] Code of Ethics and Arbitration Manual, p. 53.
[5] See La. R.S. 9:3196(1)(emphasis added). See also Reeves v. Weber, 509 So. 2d 158, 160 (La. Ct. App. 1987)(discussing the real estate agent’s duty to disclose any “material defects” of which he is aware to the purchaser.)
[6] Id.
[7] See Watkins v. Karr, 716 So. 2d 399, 401 (La. Ct. App. 5th Cir. 1998). A real estate broker or agent owes a specific duty to communicate accurate information to the seller and the purchaser and may be held liable for negligent misrepresentation. Duplechin v. Adams, 95-0480 (La. App. 1 Cir. 11/9/95), 665 So. 2d 80, 83, writ denied, 95-2918 (La. 2/2/96), 666 So. 2d 1104. However, the duty to disclose any material defects extends only to those defects of which the broker or agent is aware. Reeves v. Weber, 509 So.2d at 160.
[8] See also, NAR guidance.
[9] See Jaubert v. Crowley Post-Signal, Inc., 375 So.2d 1386 (La. 1979).
[10] See Lambert v. Dow Chemical Co., 215 So.2d 673 (La. App. 1st Cir.1968).
[11] See Broderick v. State, Dept. of Environ. Quality, 00–0156 (La. App. 1st Cir.5/12/00), 761 So.2d 713, 715.
[12] For example, the Health Insurance Portability and Accountability Act (“HIPAA”) allows for disclosure of the minimum amount of information necessary for the intended purpose. 45 CFR 164.502(b), 164.514(d).
[13] See U.S. Department of Housing and Urban Development, Mortgagee Letter 2020-04 , dated March 18, 2020.
[14] See Proclamation JBE 2020-30 dated March 16, 2020. The Order specifically states that an owner of immovable property is not prohibited from reclaiming leased property if abandoned or from entering leased property to make necessary repairs. See Order, Section 5(D).
[15] It is important to review the lease agreement because a tenant may waive the notice requirements by written waiver contained in the lease. See La. R.S. 9:3197.
[16] Louisiana law permits the parties to waive certain notice requirements. See, e.g., La. Code of Civ. Proc. Art. 4701 (providing that a tenant may waive the 5-day notice requirement by written waiver contained in the lease).
[17] Id.
[18] See HUD press release
[19] Id.
[20] See Proclamation, JBE 2020-30 dated March 16, 2020, Section 5(D).
From the Louisiana Department of Insurance: During a press conference today with Governor Jeff Landry, Insurance Commissioner Tim Temple announced that registration for the next round of the Louisiana Fortify Homes Program (LFHP) will open at 8 a.m. on Monday, June 1, and will include 3,000 grants. The registration period for this lottery will be open for three weeks, closing at 5 p.m. on Friday, June 19. During the press conference, Gov. Landry signed HB 1187 by Rep. Paul Sawyer, which will allow Louisiana Citizens Property Insurance Corporation to transfer $50 million in additional Katrina bond assessment funds to the LFHP. Combined with the $30 million in funding the program will receive through taxes and fees on insurance entities, the LFHP will receive a total of $80 million this year. “By lowering overall losses, we can reduce insurance and reinsurance costs, draw more insurers into the market, motivate existing companies to write additional policies and lower insurance premiums,” said Commissioner Temple. “That is exactly what the Louisiana Fortify Homes Program is designed to do.” The list of coastal parishes that are eligible to participate is expanding to include Acadia, Jefferson Davis and Lafayette parishes. Additionally, homeowners who live in the portions of Ascension, Calcasieu, Iberia, Livingston, St. Martin, St. Tammany, Tangipahoa and Vermilion parishes that were previously not included in the program will now be eligible to participate. A map showing the full list of eligible parishes is available on FortifyHomes.La.Gov . “Louisiana is the fastest growing state in the country for Fortified roofs, and that growth is not by accident—it is the result of strong support from Governor Landry and legislators like Chairman Talbot, Chairman Firment and Representative Sawyer, targeted program design, and a clear recognition that strengthening homes is one of the most effective ways to reduce insurance losses,” said Commissioner Temple. “At the end of the day, this program is about more than just roofs. It is about protecting families, it is about strengthening communities, and it is about putting Louisiana in a stronger position—both physically and economically—to face the challenges ahead.” To participate in the lottery, homeowners must register during the June registration period. Homeowners who registered for a previous round but were not selected must register again to participate. People who register on the last day of the registration period have the same chance of being selected as those who register on the first day, so there is no need to rush to register as soon as the period opens. When registering, homeowners will need to upload their homestead exemption, insurance policy declarations page that includes wind coverage, and flood insurance declarations page if the residence is in a flood zone. Homeowners who need assistance obtaining a copy of their homestead exemption should contact their parish tax assessor. Homeowners can contact their homeowners and flood insurance companies or agents for a copy of their policy declarations page. Homeowners are required to create a profile in the LFHP system before registering for the lottery and may do so by visiting the LFHP website and clicking the Login button. Homeowners who previously created a profile may use the same one for this and future rounds. Once the lottery registration period closes, the LFHP will randomly select 3,000 participants and send email notifications to registrants about whether they were selected to participate. These selection notices will be sent via email beginning on Monday, June 22. There are several program requirements that homeowners should be aware of before registering. Those interested in the program are encouraged to review eligibility information and frequently asked questions at FortifyHomes.La.Gov to determine whether their home meets the requirements for the program. If selected to participate in the grant program, homeowners will be financially responsible for having the home evaluated by a FORTIFIED-certified Evaluator as well as costs for the roof upgrade including permits, inspections and construction costs beyond the amount of the grant The LFHP provides grants of up to $10,000 for homeowners to upgrade their roofs to standards set by the Insurance Institute for Business & Home Safety. The program helps Louisiana homeowners strengthen their roofs to better withstand hurricane-force winds.
Learn how real estate agents can educate buyers about Louisiana homeownership costs, including taxes, insurance, HOA fees, and maintenance.
The 2026 Regular Legislative Session has officially adjourned, and Louisiana REALTORS® closes the session with a strong record of legislative wins, defensive victories and meaningful progress on issues that directly impact property owners, homebuyers, housing providers and real estate professionals across Louisiana. This session touched nearly every major pressure point in the real estate market: insurance affordability, transaction transparency, appraisal certainty, leasing law, property taxes, blight redevelopment, litigation costs, consumer protection and private property rights. Louisiana REALTORS® successfully advanced several major policy priorities this session, including residential wholesaling reform, vacant residential land disclosure, appraisal certainty, security deposit reform, insurance mitigation funding and redevelopment tools for blighted property. At the same time, the association helped stop or reshape proposals that would have harmed housing supply, increased practitioners' liability, or created uncertainty for property owners and housing providers. Major Wins for You and Real Estate Residential Wholesaling Reform The signature victory of the session was HB 468 by Rep. Troy Hebert , Louisiana REALTORS®’ residential wholesaling reform bill. For years, residential wholesaling operated in a gray area of Louisiana law. HB 468 creates a clear statutory framework for residential wholesaling, strengthens consumer protection, increases transparency, and gives the Louisiana Real Estate Commission meaningful enforcement authority. The bill’s conference report passed unanimously in both chambers, with votes of 94-0 in the House and 35-0 in the Senate. This is a major structural reform for Louisiana real estate law. This bill will be state law effective August 1, 2026. Please note that the law does not affect any wholesale contracts between now and the effective date. Vacant Residential Land Disclosure HB 1166, by Rep. Kim Carver, passed the Legislature and has been sent to the Governor for his signature. The bill addresses disclosure gaps in vacant residential land transactions where buyers may discover late-stage issues involving access, utilities, drainage, flood risk, prior use or other material facts. HB 1166 creates a clearer process for buyers, sellers and real estate practitioners, and should help reduce failed transactions, disputes and closing-table surprises. As new industry forms and disclosures are developed, Louisiana REALTORS® will monitor the process closely and work to ensure the final requirements are practical, clear and consistent with sound industry practice. The Louisiana Real Estate Commission will complete the forms and disclosure process, with final implementation expected to be legally required for agents beginning January 1, 2027. Appraisal Liability Protections Louisiana REALTORS® secured two important appraisal-related wins. HB 1027 also by Rep. Troy Hebert , signed as Act No. 187 , clarifies that appraisers should not be held liable for compliance with obligations that belong to other parties in the transaction. HB 300 by Rep. Neil Riser , signed as Act No. 149 , addresses appraisal thresholds for bank-owned property. Together, these measures support greater transaction certainty and fairness in the appraisal process. The pair of these measures will take effect as law on August 1, 2026. Housing & Market Stability Security Deposit Reform HB 292, by Rep. Delisha Boyd and signed by Governor Landry as Act No. 63 , creates a more workable process for addressing damage discovered at the end of a lease and provides greater flexibility through written agreements regarding security deposit timelines. The measure offers practical clarity for housing providers, tenants and property managers when property damage is identified after move-out, allowing additional time to assess damage, obtain repair estimates and document costs before final security deposit accounting is completed. By creating a clearer statutory framework, the law helps reduce disputes and ensures that both landlords and tenants have a better understanding of their rights and responsibilities. Property managers can mark August 1, 2026, on their calendars, as that is the effective date for this legislation. Protections for Victims & Landlords HB 297, by Rep. Mandie Landry and signed by Governor Landry as Act No. 64 , expands Louisiana's early lease-termination protections to include victims of stalking and cyberstalking. The law recognizes that personal safety may require a tenant to leave a residence before the end of a lease term. To exercise these protections, a tenant must provide documentation from a qualified third party or other authorized evidence demonstrating that they are a victim of stalking or cyberstalking and that continued occupancy would present a safety concern. The measure also clarifies and expands who may serve as a qualified third party for purposes of supporting a tenant's request. These changes will take effect into law on August 1, 2026. Insurance Affordability and Mitigation Insurance affordability remained one of the most significant issues facing Louisiana homeowners and the real estate market. HB 1187 by Rep. Paul Sawyer , signed by Governor Landry as Act No. 416 , transfers an additional $50 million in Katrina bond assessment funds to the Louisiana Fortify Homes Program. Combined with other insurance-related funding, the program reaches approximately $80 million for the year. The Fortify Homes Program remains one of Louisiana’s most direct tools for reducing property risk, strengthening homes, improving market stability, and placing downward pressure on insurance costs over time. Several additional insurance measures did not reach final passage, including legislation on fortified roof endorsements, nonrenewal protections for homeowners who mitigate risk, and a pre-suit review process for residential property insurance disputes. These remain important long-term priorities. This became law and took effect upon the Governor’s signature. Blight, Redevelopment, and Property Taxes Louisiana REALTORS® supported policies this session aimed at returning neglected property to productive use and strengthening property-tax fairness. HB 214 by Rep. Chance Henry , now Act No. 272 with Governor Landry’s signature, will appear on the ballot as a constitutional amendment authorizing an optional property tax exemption for rehabilitated blighted or derelict property. HB 217, also by Rep. Chance Henry , is the enabling legislation for HB 214 and has received the Governor’s signature, becoming Act No. 422. Together, these measures would give local governments another tool to encourage private investment, neighborhood revitalization, and redevelopment. SB 180 , now Act No. 39 , will also appear on the ballot. The measure allows the surviving spouse of a deceased veteran with a service-connected disability to transfer an expanded property tax exemption. This is both a property-tax fairness measure and a homeownership stability measure for Louisiana veterans’ families. If passed in the fall election, the measures would take effect on January 1, 2027, as well as SB 180. Defensive Victories Some of the most important wins in this session came from stopping harmful legislation before it became law. Rent Stabilization Stopped Twice HB 472 by Rep. Alonzo Knox , the rent price control bill, was stopped after being involuntarily deferred. Louisiana REALTORS® opposed the bill and provided testimony in committee because rent-control policies can discourage investment, reduce housing supply, create uncertainty for housing providers and ultimately worsen affordability challenges. Knox brought the bill to the House Committee on Municipal, Local and Parochial Affairs twice due to the opposing testimony of our organization and opposition from the Home Builders Association and the Louisiana Apartment Association. Hidden Fees Bill Reshaped Yet Still Thwarted HB 617 by Rep. Mandie Landry , the hidden fees bill, raised concerns because it could have imposed liability on real estate professionals for fees they do not control, including those set by lenders, title companies, insurers, government entities and other third parties. Louisiana REALTORS® successfully negotiated a House-side amendment exempting real estate transactions from the bill’s scope. The bill later died in the Senate Commerce Committee. It is worth noting that the author agreed to include us in an amendment by Rep. Troy Hebert from the House floor, exempting real estate transactions. Automatic Renewal Bill Monitored HB 750, by Rep. Vincent Cox, addressing automatic renewal provisions, was closely monitored by Louisiana REALTORS® to ensure the legislation did not unintentionally apply to residential or commercial leases, property management agreements, association operations, nonprofit activities or standard real estate practices. Those concerns were successfully addressed through a Louisiana REALTORS® amendment offered by Senator Pressly during Senate consideration. When the bill returned to the House, Rep. Cox accepted the amendment and supported concurrence, preserving the bill's consumer protection goals while ensuring Louisiana's real estate industry, housing providers, associations and nonprofits were not subjected to unintended regulatory burdens . Missed Opportunities Two broader legal reform measures passed the House but stalled in the Senate Judiciary A Committee. HB 437, by Rep. Michael Melerine, addressing expert witness fees, and HB 1089, by Rep. Dennis Bamburg, establishing CARE Accounts, both reflected broader efforts to reduce litigation costs, improve Louisiana’s legal climate, and address cost drivers affecting insurance affordability and business competitiveness. Their failure to reach final passage was a missed opportunity, but the issues remain central to Louisiana’s long-term affordability conversation. Louisiana REALTORS® will continue to monitor these proposals and hope to see similar reforms return next session with a different outcome. What Comes Next The end of the session does not end the work. Louisiana REALTORS® will now turn to implementation, member education, ballot engagement and preparation for the next legislative cycle by directly engaging you, the driving force behind all of our efforts. The issues that shaped this session — housing affordability, insurance availability, redevelopment, legal costs, and private property rights — are not going away. Neither are we. Louisiana REALTORS® remain committed to serving as a consistent, credible and effective voice for property owners, homebuyers, housing providers and real estate professionals across Louisiana. Thank You As the Legislature adjourns, Louisiana REALTORS® expresses sincere appreciation to the leadership, members, public officials and advocacy partners who helped make this a productive and successful session for the real estate industry and property owners across Louisiana. We are especially grateful to Louisiana REALTORS® President Ginger Maulden, President-Elect David Favret, Treasurer Misty Ingersoll, Legislative Committee Director Keary Coffin, Outside General Counsel Eric Landry, LARPAC Chairwoman Marsha McGraw-Barbera, the Louisiana Real Estate Commission Commissioners and Executive Team, and the members of the Louisiana REALTORS® Legislative Committee for their leadership, guidance, resources and engagement throughout the session. We also extend a special thank you to those who attended this session’s REALTOR® Day and helped strengthen our presence at the Capitol. Your participation amplified our ability to advocate with one united voice when it mattered most. We further extend our appreciation to the legislators and partners who worked alongside us this session, including Rep. Troy Hebert, Rep. Kim Carver, House Commerce Chairman Daryl Deshotel, Rep. Delisha Boyd, Rep. Stephanie Hilferty, Rep. John Wyble, Sen. Beth Mizell, Sen. Greg Miller, Speaker Phillip DeVillier, Senate President Cameron Henry and Governor Jeff Landry for their leadership, accessibility and commitment to addressing issues impacting housing, property rights, insurance affordability, redevelopment and Louisiana’s economic future. Strong policy outcomes are only possible through collaboration, professionalism and sustained engagement. Louisiana REALTORS® remains grateful for the relationships and partnerships that helped move meaningful legislation across the finish line this year. Please view the session wrap-up tracking report provided by our lobbying team over at Harris, DeVille and Associates.
