Home>Levelset Community>Legal Help>We work in Louisiana, and we want to send the Notice of Lease, however we don't have a copy of the invoice/lease agreement when we deliver to a job. It's not available for roughly 28 days. What are our options? We also don't typically even get an actual lease. can you clarify what is needed?

We work in Louisiana, and we want to send the Notice of Lease, however we don't have a copy of the invoice/lease agreement when we deliver to a job. It's not available for roughly 28 days. What are our options? We also don't typically even get an actual lease. can you clarify what is needed?

LouisianaPreliminary Notice

We want to send the Notice of Lease in Louisiana, as we are Equipment Lessors. However, i don't think we get a copy of the lease, and we won't send out an invoice with all of the information til roughly a month after. Is the lease agreement the same as our rental agreement?

1 reply

Oct 27, 2017

For private projects, the notice of lease requirement comes from La R.S. 9:4802(G)(1). That statute states that the:

"…the lessor of movables shall deliver notice to the owner and to the contractor not more than ten days after the movables are first placed at the site of the immovable for use in a work. The notice shall contain the name and mailing address of the lessor and lessee and a description sufficient to identify the movable property placed at the site of the immovable for use in a work. The notice shall state the term of rental and terms of payment and shall be signed by the lessor and lessee."

This is a strict requirement - failure to provide the notice within the required time frame is fatal to a future lien claim. Note, however, that this requirement changed in 2013 and the notice no longer specifically requires that a copy of the lease (rental agreement) be provided. For most parties, providing a copy of the lease agreement would be the easiest way to comply with the requirement, since "the notice shall state the term of rental and terms of payment and shall be signed by the lessor and lessee." However, if a copy of the rental agreement is not available, any notice that contains the required information and that is signed by both the lessor and lessee is sufficient.

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