La. Civ. Code § Art. 2712
Transfer of thing does not transfer rights and obligations of lease
Operative Text
Art. 2712. Transfer of thing does not transfer rights and obligations of lease The transferee of a thing that is subject to a lease is not legally subrogated to the rights of his transferor and is not personally bound by the transferor's obligations under the lease unless the transferee assumes them.
Louisiana Civil Code art. § Art. 2712 establishes that when a leased property changes ownership, the new owner does not automatically step into the former owner's shoes under the existing lease. The transfer of the property itself neither grants the new owner the prior landlord's contractual rights nor saddles the new owner with the prior landlord's obligations. Those rights and obligations only pass to the new owner if the new owner expressly assumes them.
Plain English — not legal advice.
Under La. Civ. Code art. § Art. 2712, a property owner who acquires a leased property should be aware that the existing lease's rights and duties do not transfer automatically by operation of law. Compliant operators typically review any existing leases at the time of acquisition and formally document whether they are assuming the prior owner's lease obligations and rights. Failing to clarify this at the time of transfer can create ambiguity about which party—the prior owner or the new owner—holds enforceable rights or bears responsibilities under the lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Art. 2712 of the Louisiana Civil Code is relevant to tenants whenever the property they rent is sold or otherwise transferred to a new owner. Because the new owner is not automatically bound by the prior landlord's lease obligations unless they assume them, tenants may want to seek written confirmation from the new owner regarding whether the existing lease terms will be honored. Tenants who believe their lease rights are being disregarded following a property transfer may consider consulting a tenant-rights organization or an attorney familiar with Louisiana landlord-tenant law to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 17, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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