Transaction Guidance After a Natural Disaster

Louisiana REALTORS • September 8, 2021

Updated for Residential and Commercial REALTORS®  Following Hurricane Ida

 By: Eric Landry & Troy Villa Breazeale, Sachse & Wilson, L.L.P.

On September 11, 2020, Louisiana REALTORS® published “Transaction Guidance After a Natural Disaster for Residential and Commercial REALTORS®” following Hurricane Laura.[1] This guidance was supplemented on September 24, 2020, to include additional questions and answers.[2]


The September 24, 2020, guidance also included sample addendums to the Louisiana Residential Agreement to Buy or Sell with several options for Buyers and Sellers to consider following a hurricane. The sample addendums are still relevant today and may be utilized following Hurricane Ida. The sample addendums can be found here: https://www.larealtors.org/property-damage-addendum


While most of the previously published 2020 transaction guidance regarding natural disasters is still applicable and relevant today, there are a few specific areas where the guidance has been updated or revised. Those updates and revisions are addressed below.

  • 1. Have closings deadlines in Purchase Agreements been suspended?

    Short Answer:  Generally, no.  Timelines and closing deadlines contained in purchase agreements may be amended by agreement of the parties.  However, the failure of parties to perform within such timeframes, or agree to amended timelines, may result in the default of a purchase agreement.


    Governor Edwards issued Proclamation Number 165 JBE 2021 on August 26, 2021 (the “Original Order”).  The Governor’s Order declared a statewide state of emergency due to Hurricane Ida (the hurricane was classified as Tropical Storm Ida at the time the Governor’s Order was issued).  Following the Original Order, on September 6, 2021, Governor John Bel Edwards issued Proclamation Order Number 170 JBE 2021, Amendment to State of Emergency – Hurricane Ida (“Amended Order”).  Governor Edwards’ Amended Order includes suspension of certain legal deadlines.  In suspending “legal deadlines applicable to legal proceedings in all courts, administrative agencies, and boards...”, the order does not specifically address closing deadlines contained in private contracts between private parties, such as purchase agreements.


    On August 31, 2021, the Louisiana Supreme Court issued two emergency orders suspending all prescriptive, preemptive, and abandonment periods statewide for a period of thirty (30) days commencing from the Governor’s August 26, 2021 Order declaring a state of emergency  (the “LASC Orders”).  The LASC Orders also addressed certain deadlines in criminal, juvenile, wildlife and traffic matters within certain parishes that are not relevant to the analysis.


    Timelines and closing deadlines contained in purchase agreements represent contractual terms that have been agreed upon by the parties to such contracts. Those timelines and deadlines are not established by statute or court order and are therefore not impacted by the Original Order, Amended Order or the LASC Orders.  Those time periods are not extended, nor are the parties relieved of their obligation to comply with those time periods unless some other contractual provision applies (i.e., force majeure clause).The failure of parties to perform within such timeframes required in the contract may result in a default of the purchase agreement.

  • 2. I manage property that was damaged by Hurricane Ida. What guidance can you provide me regarding evictions, security deposits and abandonment following Hurricane Ida?

    Evictions for Residential and Commercial Real Estate:


    The Governor’s Amended Order suspends the ability to obtain an order of eviction from a Louisiana court in all parishes until September 24, 2021. However, the suspension of deadlines applies to legal proceedings and would not prohibit the posting of an eviction notice or the commencement of legal action to obtain an eviction order.


    Governor Edwards’ Amended Order includes suspension of certain legal deadlines.  In suspending “legal deadlines applicable to legal proceedings in all courts, administrative agencies, and boards...”, the Amended Oder encompasses eviction proceedings in state and municipal courts. 


    This is merely a suspension of deadlines. This means that eviction proceedings can be initiated by a landlord/lessor but that the tenant/lessee will not be required to file an answer and the suit to evict cannot be finalized until the suspension ends on September 24, 2021. 


    A similar issue arose in 2020 when the Governor suspended legal deadlines as a result of the COVID-19 pandemic.  Uncertainty arose with respect to the meaning of “suspension.” 


    The Louisiana Civil Code defines suspension such that the period of suspension "is not counted toward accrual" and commences again when the suspension ends. Meaning, the period of time that the suspension continues is tacked on once the suspension ends. 


    However, many courts issued orders providing that deadlines otherwise arising during a suspension period are only delayed until the first business day after the period of suspension concludes. There is no additional time added to the deadline once the suspension ends. 


    In response, the Louisiana legislature passed Act. No. 162. That Act clarified that all deadlines in legal proceedings, as well as certain prescriptive periods that otherwise would have expired during the period of suspension, would expire on the date immediately following the end of the suspension period.  That Act was specific to the Governor’s orders issued in response to COVID-19 but would likely be used as guidance in this instance as well.


    Security Deposits:


    The suspension of deadlines applies to legal proceedings and would not govern the terms of a lease agreement with respect to deposits.


    The terms of the written lease agreement and/or generally applicable Louisiana law will apply to the return and forfeiture of deposits. The process of accounting for, returning, or retaining a tenant’s deposit does not involve a legal proceeding that would be subject to the suspension period. 


    The LASC Orders govern prescriptive, preemptive, and abandonment periods. The return of a tenant’s deposit is governed by La. R.S. 9:3251 and requires that the deposit be returned within 30 days from the lease termination date. That 30-day period is not a prescriptive, preemptive, or abandonment period. Those terms are used to described periods of time where potential litigants may lose their right to bring or maintain, a lawsuit.


    Abandonment:  


    The suspension of deadlines by the Amended Order does not prohibit an owner of immovable property from reclaiming leased property if abandoned as provided by law or entering the leased property to make necessary repairs as provided by law.  However, Louisiana REALTORS® advises property owners and property managers to consult their own legal counsel prior to taking possession of a property if they believe it to be abandoned by a tenant.


    A property owner in Louisiana must still obtain an order from a court in order to properly evict a tenant but after the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. (La. CCP Art. 4731). 


    Factors used when determining abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.  


    In an instance where a property is damaged due to a hurricane, it will be difficult to determine if the tenant has truly abandoned the property or intends to return. This will be determined by a court on a case-by-case basis based on the relevant facts. 


    Therefore, Louisiana REALTORS® advises property owners and property managers to consult with their own legal counsel prior to taking possession of a property if they believe it to be abandoned by a tenant.


  • 3. Where can I find NFIP guidance related to Hurricane Ida, flood insurance claims and what to expect during the claims process as well as other general information regarding Hurricane Ida?

    If you're an NFIP policyholder, the website outlines the steps to begin filing your flood claim and disaster assistance that is available.


    Additional information regarding Hurricane Ida can be found here:

    https://www.fema.gov/disaster/hurricane-ida


    https://www.fema.gov/press-release/20210904/federal-response-recovery-efforts-continue-after-ida

On September 29, LR hosted an informational session with attorneys Eric Landry and B.Troy Villa to discuss and address questions that have been received regarding real estate transactions and issues in post disaster markets. The information provided is helpful to real estate agents as they navigate the uncertainty with transactions and getting clients back to the negotiating table.  Materials from the presentation are available for download. Recording Note: The recording was started shortly after bios and introductions were made and a portion of the presentation is cut off. We apologize for that as it was not intentional and does not omit anything of substance.

Download the Presentation Material

DISCLAIMER

Information and additional guidance and orders regarding Hurricane Ida are being issued daily. The information is the article was last updated on September 8, 2021.

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.

By Louisiana REALTORS® June 9, 2026
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.
Educating prospective homebuyers on the true cost of owning a home
By Louisiana REALTORS® June 9, 2026
Learn how real estate agents can educate buyers about Louisiana homeownership costs, including taxes, insurance, HOA fees, and maintenance.
By Louisiana REALTORS® June 5, 2026
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.
Show More