Lawyers, Answer Questions  & Get Points Log In
Louisiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: What to file If I don't agree with judges order and need a continuence to find new attorney for an examination hearing

Was sued for breaking a 2yr rental contract. 3 months into the new rental with exgirlfriend, i was told by police that I could not return to the property because of( arguing with exgirlfriend). She stay in rental for a year then abandoned it. I missed court so the judge said I owe 30,000. I'm... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 25, 2022

You do not mention when your court date is, however, you need to go about hiring an attorney between now and then. If you are able to hire an attorney before then, then he (ad you) will decide whether or not to seek a continuance. If you do not think you will be able to hire an attorney before... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can my landlord keep my security deposit after letting me out of my lease?

Neighbors moved in and made sexual passes at my minor daughters, use my drive way for their drug sales, wall around with guns bigger than me. I spoke with my landlord and he agreed to let Me out of my lease now won't give my deposit back. I owe him no rent and the home is just as I got it

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 27, 2022

If you did not fulfill the terms of your lease, then you are subject to forfeiting your deposit. If you and your landlord agreed that you would receive your deposit back, then that may be a different scenario.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can a landlord charge for rent late fees months after late fees occurred and withhold late fees from security deposit?

This is about a rental agreement in Louisiana. I was never notified about incurring the late fees during the months the late fees would have occurred. Now that I have moved out and the landlord is taking his time returning my security deposit, he says he must go back and total up the late fees that... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 22, 2022

Without reviewing your written lease one cannot provide an answer with finality. That said, and subject to what's written in your lease as the written lease can modify some provisions of the law. So, if you have not done so, then I would contact the landlord in writing and request return of... Read more »

1 Answer | Asked in Personal Injury, Contracts and Landlord - Tenant for Louisiana on
Q: Last summer, I went 3.5 months with no AC. Am I entitled to any compensation from the complex?

I constantly called and texted about having no AC. The summer before it was out for almost the whole summer. The workmanship is subpart at best because now I don't have an operating thermostat. I have to turn the AC/heater on through the breaker box. It seems like a fire hazard. Due to the... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 18, 2022

The terms of your lease would apply. Many leases state exactly how you have to notify the landlord of the problems you're having - for instance, it may have to be in writing. You should speak with an attorney that handles landlord/tenant matters to review your lease and counsel you on the... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Louisiana on
Q: Can guardian kick out 18+ in Louisiana?

My mother was legal guardian of my stepdads grandson. He is now over 18 but still lives with my mom. There is no tenant-landlord relationship as he's a bum. He's crossed the line one too many times and I'm just finding out about this. The local sheriff's are saying my mom... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 14, 2022

If he has been living there with her permission, she would have to evict him. If she lives in city court jurisdiction, she would have to file to have him evicted in city court. Otherwise, she needs to contact her Justice of the Peace to file with him. If she has any questions about how to... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Louisiana on
Q: La, my dad and his ex wife have been divorced over 10 yrs. I live in the family home and served me eviction paper.

I was served twice with notice to vacate once by her the day was Thursday but she posted it on a Friday, then her daughter posted the second one, and then I was served with an eviction notice by the constable and I have 5 days. February 7th 2022 I have to appear before the Justice of the Peace.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 3, 2022

You need to open s succession for your father.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Louisiana on
Q: My mother's home in Louisiana may have squaters. What is her right's to get rid of them?

My father passed away this year and my mother is living with my sister for care as she has alzheimer's. One of my brothers is being allowed to live in the house because he would probably be homeless as my father was supporting him. We received a two from a neighbor that he may have several... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 15, 2021

You need N attorney to interdict your mother. Then you can evict the squatters

1 Answer | Asked in Landlord - Tenant and Small Claims for Louisiana on
Q: Can I sue a landlords homeowner insurance for stolen motorcycle
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 17, 2021

Anyone can always sue but the real question is whether or not you have a good chance to recover. You do not indicate whether or not you have filed a claim against the homeowner insurance, but if not, I recommend you do that first (and immediately) and see what position the homeowner insurance... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Louisiana on
Q: Ins inspectors entered my apt,I was in the shower, door open,clear I was home; they did an inspection;who's responsible?

My damages are severe because I have had to see my psychiatrist to increase my meds and relive trauma with my therapist. I now feel they are retaliating because they stated they were doing a 2nd inspection and took pictures of my apartment. Brought 2 people so I could not possibly monitor both of... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2021

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could reach out to local firms to see if they would offer a free initial consult. Despite the distress this caused for you, you'd want to know if it's something that a... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: What is my best course of action against my apartment that has neglected to take action for repairs of A/C and mold

My apartment has been without an A/C for 3weeks+, there is mold everywhere, the ceilings are leaking terribly due to hurricane IDA and my leasing office tells me they will fix the air but I have been there without anyone attempting to work on my apartment for the whole time and the place is... Read more »

Jacob Rennick
Jacob Rennick
answered on Sep 28, 2021

Repairs will be delayed due to the hurricane. You could likely get out of your lease without penalty, or your landlord may decide to give you given discounted rent due to the inconvenience. If you are trying to get out of your lease talk to an experienced real estate/contract attorney.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can a tenant break their lease and demand deposit back after the area is hit by a hurricane (Ida)?

The tenant contacted me at the beginning of the month and broke their lease with 2 months remaining. They cite the hurricane as the reason. There is damage to the property and mold has developed as there has not been any power in the area since Aug. 29th. Can they break the lease with no... Read more »

Jacob Rennick
Jacob Rennick
answered on Sep 24, 2021

Check the terms of your rental contract. Often lease contracts will automatically terminate if a natural disasters damages the leased premises beyond a livable state.

Even if there isn't a natural disaster provision in your contract, you can still get out of your lease, but proper...
Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can you tell me if I should file a response to an appeal before the court date? And if so is there a form available

I went through eviction process one the case in JP court. The tenant filed an appeal in civil ct but did not file an appeal bond. She owes me approx 19k to date. The judge accepted the appeal set a court date for 2 months away. In the tenants appeal she lied throughout it nothing she said was... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

An appeal from JP court has different requirements/deadlines than other courts. Also, if an appeal bond is needed and no appeal bond was posted, then that can be grounds to dismiss the appeal. Your post asks about a "response" to an appeal which I am not sure if you meant an answer to... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Louisiana on
Q: Pitt Bulls Owner Laws In Louisiana

If you live in a Apartments Complex that’s gated. Is it a law that tents has to have insurance on they pit bulls in Louisiana. The landlord only make them pay him and when I question him he said oh no, Nobody can’t have pits over here but they over here they be running around at times. Also in... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 5, 2021

Landlords can require pet insuranxe.

1 Answer | Asked in Landlord - Tenant, Personal Injury and Civil Rights for Louisiana on
Q: I was injured during the ice storm after being unlawfully evicted from our residence.

This is kind of a two part question. One is what I would call an unlawful eviction and the other is that I injured myself while being forced to vacate our home during the ice storm. On Feb 4th 2021 the Marshall posted on the premise a notice for use to be in court on Feb 11th. He never knocked on... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2021

A Louisiana attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal and your injuries. At this point, your best option might be to reach out to local attorneys to discuss. You could use the link above (Find-a-Lawyer), or you could search on your own.... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: built home on sister's land at her request pd by me now 5 years later she wants it moved

I paid for everything building materials, permits, deposits the only thing my name is not on is the lot. She's never wanted any money because I do all of the things her husband won't.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 17, 2021

OMG you built your sister a house!

View More Answers

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Is it legal in Louisiana for a landlord to ask for a nonrefundable deposit?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 12, 2021

A landlord can charge certain fees and designate them as non-refundable. Some of these fees could include charges upon your leaving the premises at the conclusion of your stay/lease/agreement. I would not call this a nonrefundable deposit, although I have seen written agreements characterizing... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: Lease agreement states 60 days notice must be given, tenant only gave 10, do we have any recourse to enforce the lease?

The original year lease was extended to month to month awhile ago. However, the original lease does state under the Automatic Renewal Section the following:

This lease shall be renewed automatically for one-month periods beginning on the first day of each month thereafter MAY 1st, 2020,... Read more »

Wade Thomas Visconte
Wade Thomas Visconte
answered on Mar 28, 2021

You need to pay for a review of the contract by an attorney and bring the entire lease. The 60 day notice provision, if accurately represented, is "valid" because parties may contract on any matter not prohibited by law. Your question is unclear on how you think you can recover 60 days... Read more »

1 Answer | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for Louisiana on
Q: Can I be kicked out at 18 if I'm still in high school in Louisiana? I'll start senior year 2 days after my birthday.

My mom tries to kick me out a lot but I refuse to leave because I'm 17. She says she legally can kick me out now but I know that legally I can leave on my own but she can't kick me out. She's also threatened to give me a criminal record but I don't drink, smoke do drugs,... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2021

Yes she can kick you out at 18. Find a relative willing to let you move in.

1 Answer | Asked in Criminal Law, Real Estate Law, Collections and Landlord - Tenant for Louisiana on
Q: Am I required to pay a termination of lease if someone else lives in the unit that I was supposed to be renting.

I signed a lease and paid deposit and first month rent. Next day I told the landlord I wasn't interested anymore. She said if she get someone in the house unit within 3 months that I will be off the hook. She rented the house the very next month. New tenant was living there. I checked my... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2021

Check your lease for a lease termination fee. Send notice of your termination by certified mail, return receipt requested, or by fax to the landlord.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.