La. Civ. Code § Art. 2713
Right to sublease, assign, or encumber
Operative Text
Art. 2713. Right to sublease, assign, or encumber Each party has the right to assign or encumber his rights in the lease, and the lessee has the right to sublease the leased thing. These rights may be expressly prohibited by the contract of lease, except as otherwise provided by legislation. A provision in a lease of an immovable that prohibits the right of the lessee to assign, encumber, or sublease is deemed to prohibit the others, unless a contrary intent is expressed. In all other respects, a provision that prohibits the lessee of an immovable from assigning, encumbering, or subleasing is to be strictly construed against the lessor.
Under La. Civ. Code art. § Art. 2713, both landlords and tenants generally hold the right to assign or encumber their interests in a lease, and tenants additionally hold the right to sublease the rented property. These rights exist by default but can be eliminated through an explicit contractual prohibition. When a lease of immovable property (such as real estate) does restrict one of these rights, that restriction is interpreted broadly to cover all three rights unless the lease clearly states otherwise, and any such restriction is otherwise read narrowly against the landlord.
Plain English — not legal advice.
Under Art. 2713, landlords who wish to restrict a tenant's ability to sublease, assign, or encumber their lease interest must include an express prohibition in the lease agreement. Operators of immovable property should be aware that a single restriction on one of these rights is generally treated as a prohibition on all three, so careful and precise drafting is important. Landlords relying on such restrictions should understand that courts will construe any ambiguity in those clauses against the lessor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Art. 2713 establishes that tenants have a default right to sublease, assign, or encumber their lease interest unless the lease expressly takes those rights away. If a landlord attempts to enforce a restriction that is not clearly stated in the lease, tenants may have grounds to challenge that enforcement, since the law requires such restrictions to be strictly construed against the landlord. Tenants who believe their rights under this provision are being improperly limited may wish to consult a tenant-rights organization or legal aid service to understand the options available to them.
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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