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Renting a home that was foreclosed in Louisiana: your rights

If you rent in Louisiana and your landlord's home was seized and sold, federal law usually gives you at least 90 days' written notice, and a lease signed before the sale often runs to its end. Louisiana's own rules say a sale does not end a lease by itself, but the buyer is not bound by your landlord's lease duties unless it takes them on, and an unrecorded lease does not bind third persons. That makes the federal law your main protection, and only a court can order you out.

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Reviewed against Louisiana law and official sources on October 12, 2026. General information, not legal advice.

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Your rights as a renter in Louisiana, in order

  1. The federal floor: 90 days and your lease

    From the new owner's written notice

    Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

    Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

  2. The sheriff's notice to occupants

    When the home is seized

    In a Louisiana executory process, the sheriff serves a notice addressed to occupants that the home has been seized. If you get one, it means your landlord's home is headed for a sheriff's sale. Tell your landlord in writing that you are a tenant, and keep paying rent as your lease requires, with receipts.

    La. R.S. 13:3852

  3. What state law says about your lease

    After the sale

    Transferring the home does not end your lease, and you can seek your losses from your old landlord. But the new owner is not personally bound by your landlord's lease duties unless it takes them on, and a lease of a home binds third persons only once it is filed in the public records. Ask the new owner in writing whether it will honor your lease and where to pay rent.

    La. C.C. arts. 2681.1, 2711, 2712

  4. Your deposit follows the home

    Within one month after the lease ends

    If the landlord's interest is transferred during your lease, the old owner must pass your deposit to the new owner, and the new owner must return it when your lease ends. It is due within one month, and any amount kept must be itemized in writing. Give a forwarding address when you leave.

    La. R.S. 9:3251

  5. Notice to vacate and a court eviction

    At least 5 days, plus the federal 90 days

    Louisiana's eviction rules require a written notice to vacate giving at least 5 days before the owner can go to court, and only a judgment and court order can remove you. For a bona fide tenant after a foreclosure, the federal 90 days' notice comes first. Read any court papers right away and go to the hearing.

    La. C.C.P. arts. 4701, 4702

Common questions in Louisiana

My Louisiana lease was never recorded. Can the buyer at the sheriff's sale ignore it?

Under state law, a lease of a home binds third persons from the time it is filed for registry (La. C.C. art. 2681.1), so an unrecorded lease may not bind the buyer under Louisiana law. Federal law still lets a bona fide tenant with a lease signed before the foreclosure stay to the end of it, unless the buyer will live there, and gives at least 90 days' notice either way. Call legal aid before you move.

Who returns my deposit after my Louisiana landlord's home was sold?

La. R.S. 9:3251(B) says the old owner must transfer your deposit to the new owner, and the new owner must return it when the lease ends. Ask both in writing who holds it. If neither will say, show your lease and deposit receipt to legal aid.

Can I sue my old Louisiana landlord if I lose my lease because of the foreclosure?

Louisiana Civil Code article 2711 says the lessee has an action against the lessor for any loss the lessee suffers because the leased home was transferred. Whether it is worth pursuing depends on your losses and your landlord's situation. Ask legal aid through the Louisiana State Bar Association Find Legal Help directory.

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Who to call, and what to do when a sale is scheduled.

Also in Louisiana

Property tax foreclosure Claim surplus funds Deficiency judgments HOA and condo liens Renters after foreclosure (this page)Letters you may get

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Sources for this page

  1. La. R.S. 9:1145: Privileges; enforcement
  2. La. R.S. 9:1146: Demand; privilege; notice
  3. La. R.S. 9:1147: Sworn detailed statement; filing
  4. La. R.S. 9:1148: Privilege; time periods; rank
  5. La. R.S. 9:1123.115: Condominium privilege on immovables
  6. SB 23 (2024 Regular Session) digest: Louisiana Planned Community Act
  7. La. Civil Code art. 2711: Transfer of thing by lessor does not terminate lease
  8. La. Civil Code art. 2712: Transfer of thing does not transfer lease obligations
  9. Act 240 of 2026 (SB 77), enrolled: Civil Code lease articles including art. 2681.1
  10. La. R.S. 9:3251: Lessee's deposit
  11. La. C.C.P. art. 4701: Notice to vacate
  12. Protecting Tenants at Foreclosure Act, Pub. L. 111-22 § 702, note under 12 U.S.C. § 5220 (govinfo)
  13. La. C.C.P. art. 2721, Seizure of property; notice
  14. La. C.C.P. art. 2642, Assertion of defenses; appeal
  15. La. C.C.P. art. 2640, Citation unnecessary
  16. La. C.C.P. art. 2753, Security not required in certain cases
  17. La. C.C.P. art. 2723, Appraisal of property, unless waived
  18. La. C.C.P. art. 2771, When deficiency judgment obtainable
  19. La. C.C.P. art. 2331, Publication of notice of sale
  20. La. C.C.P. art. 2336, Minimum price; second offering
  21. La. C.C.P. art. 2373, Distribution of proceeds of sale
  22. La. C.C.P. art. 2293, Notice to judgment debtor
  23. La. R.S. 13:3852, Notices of seizure
  24. La. R.S. 13:4106, Deficiency judgment prohibited if sale made without appraisement
  25. La. R.S. 43:203, Judicial advertisements
  26. Louisiana Office of Community Development, Louisiana Homeowner Assistance Fund
  27. Louisiana Office of Financial Institutions, Complaints
  28. La. C.C.P. art. 2752, Injunction procedure
  29. La. C.C.P. art. 2754, Security otherwise required
  30. La. C.C.P. art. 3721, Methods of enforcing mortgage
  31. La. C.C.P. art. 4702, Notice to occupant other than tenant to vacate
  32. La. C.C.P. art. 4704, Definitions (occupant)
  33. La. C.C.P. art. 4732, Trial of rule; judgment of eviction
  34. La. C.C.P. art. 4733, Warrant for possession
  35. La. R.S. 13:4346, Failure of occupant to deliver possession to purchaser; writ of possession