§3259.1. Unpaid rent; factory-built homes; notification by lessor

           A. As used in this Section, the following terms shall have the following meanings:

           (1) "Factory-built home" shall have the meaning given to that term in R.S. 9:1149.2.

           (2) "Lessee" means the person leasing the immovable property on which a factory-built home is located.

           (3) "Lessor" means the owner of the unsubdivided immovable property on which three or more lots are available for rent for locating a factory-built home.

           (4) "Mortgagor" means the person executing the security device as the obligor or the transferee if the factory-built home has been transferred and the obligations under the security device have been assumed by another person with written consent of the holder of the security device.

           (5) "Secured party" means the holder of a security interest in accordance with Uniform Commercial Code - Secured Transactions, R.S. 10:9-101 et seq., or a chattel mortgage; the pledgee or assignee of a chattel mortgage or security agreement; the agent of the holder, assignee, or pledgee of a chattel mortgage or security agreement; the holder of a promissory note executed for the sale of a factory-built home if that note is sold with recourse against the holder of the note; or the vendor of a retail installment contract as defined in R.S. 6:969.6 when the retail installment contract is sold with recourse against the vendor.

           (6) "Security device" means a security interest pursuant to Uniform Commercial Code - Secured Transactions, R.S. 10:9-101 et seq., a chattel mortgage, or a promissory note executed for the sale of a factory-built home or a retail installment contract entered into pursuant to Chapter 10-B of Title 6 of the Louisiana Revised Statutes of 1950 for the sale of a factory-built home.

           B. When the rental payments for immovable property on which a factory-built home is located are sixty days past the due date for the payment, the lessor shall notify the secured parties and the mortgagor, if the mortgagor is not the lessee or occupant of the factory-built home, in writing by mail that the rental payments are sixty days past the due date. The notice shall include the following information if known or readily available to the lessor or if available from the office of motor vehicles of the Department of Public Safety and Corrections:

           (1) The lessor's name.

           (2) The lessee's name.

           (3) The mortgagor's name.

           (4) The location of the factory-built home.

           (5) The number of days that the rental payments are overdue, the monthly rental payment, and the total amount past due.

           (6) The vehicle identification number of the factory-built home.

           (7) A description of the factory-built home including the make, model, year, dimensions, and any identification numbers or marks.

           C. Notwithstanding any provision of the law to the contrary, failure of the lessor to provide such notification within thirty days after the rental payments are sixty days past due shall limit the lessor's privilege or right of pledge for rent to the amount of rental payments past due for ninety days.

           D. The lessor shall be entitled to collect a fee of twenty-five dollars from the lessee or mortgagor in addition to the rental payments due and any additional fees or charges due the lessor when such notification is made and the lessee or mortgagor subsequently pays the rental payments due.

           E. The lessor shall be entitled to collect a fee of twenty-five dollars from the secured parties in addition to all rental or storage payments due at the time that the factory-built home is repossessed when notification is made and the secured party subsequently obtains possession of the factory-built home.

           F. The office of motor vehicles in the Department of Public Safety and Corrections shall maintain a record of each factory-built home for which a vehicle certificate of title has been issued pursuant to Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950 and which is subject to a security device for a period of ten years or for the period stated for the termination of the security device. The record shall include, if available:

           (1) The name and address of the mortgagor or vendee of the factory-built home.

           (2) The names and addresses of the primary secured party and any secondary secured party on any security device.

           (3) The vehicle identification number of the factory-built home.

           (4) A description of the factory-built home including the make, model, year, dimensions, and any identification numbers.

           Acts 1985, No. 531, §1; Acts 1989, No. 137, §4, eff. Sept. 1, 1989; Acts 2024, No. 287, §2, eff. August 1, 2024.