Send written notice as required under the lease. If it goes uncured and you have confirmation of health issues with your environment specifically, you likely have cause to terminate. Seek another leased premises, move out, leave in like condition as to when leased, and you may also be able to... View More

Depends. A surviving spouse can access up to $10k in a bank account by affidavit and without opening succession. If the Decedent passed away with a Will that Will controls and must be probated - confirmed to be valid and to place correct beneficiaries in possession. The types of probate further... View More

Depends on whether there was a will directing this distribution. If no will, you have to look at 1) the nature of the property - separate or community? and 2) the surviving heirs: a surviving spouse, just children, any pre-deceased children. Answers to these questions affect the outcome.

Yes. The important considerations are that damages are itemized and provided to the tenant within thirty days of move out to prevent potential damages of attorney fees and costs in addition to whatever security deposit amount is still owed the tenant.

If your lease ends November 30, you should be out November 30th. You should also pay your November rent in full, but also document the condition of the premises with pictures, video, and a end-of-lease checklist with the lessor, if you can. You can ask now/set a date to do a walk through with the... View More

If it is rural, you may not have a property management company enforcing the restrictions. If that is the case, you may still be able to rely upon municipal/parish zoning. If the neighbor is running a business, with traffic, out of a residence, zoning/code enforcement may be able to put a stop to... View More

NO. An administrator only takes the reigns during the succession proceeding, if necessary and the administrator actually bears a fiduciary duty to maintain and preserve the succession property, account for the property, and close the succession. If the will is valid, and the Will directed the... View More

Yes, you can amend a notarial will with a hand-written codicil. For a handwritten codicil or will to be effective under Louisiana law, it needs to be dated, written by you, and signed - at the end - by you/in your handwriting. However, while a valid form for a will/testament, an olographic... View More

The lease contract always controls - it is the law between you and the landlord. So, as to maintenance, pest control, etc., look there to see if it is spelled out. Also, Louisiana law requires that the landlord provide you with a safe, habitable premise. To the extent that there is a rodent... View More

The pressing issue is where are you going and who owns the house? If it is grandmaw's house, then it is grandma's say and aunt's opinion/threat is of no real legal matter. However, if the aunt has power of attorney for Grandma, then the aunt can act in certain instances for... View More

If the person is not a listed occupant on the lease and pays no rent, then you can end whatever invitation you extended for them to "visit" at your residence. Whether law enforcement will want to get involved is another issue - they likely will only get involved for criminal trespass... View More

Because your agreement was verbal, the result is a month-to-month lease agreement. And, generally, you would not be responsible for any utilities or other payments that cover a time period after your vacancy.

If your landlord is not interested in enforcing the lease provisions, assuming that it calls for you and the room-mate as the only occupants, then, this is going to be something that you need to take up with your roommate. Actually, if the lease outlines limited occupants, then by permitting... View More

The property acquired before your father's marriage will be considered separate property and if your father passed away without a will, that property transfers, by intestacy (no will) law, to all of his children. If no children, it passes to further collateral heirs. The property acquired... View More

Probate counsel needs to look at the succession pleadings and determine if things were mishandled, as appears from the circumstances. Potential remedy may start with a demand to the sibling and brother, but chances are, if the brother misappropriated estate assets, there may be none left at this... View More

The landlord may be entitled to certain relief under the contract, but it also cannot sit back and refuse to market and lease the property in attempt to collect greater damages. The landlord has a duty to mitigate its damages. So, whether the landlord marketed, showed, and attempted to lease the... View More

I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for... View More

I recommend you get someone involved well versed in tax sales. First, to the extent that the company purchased the property prior to your father's death, there could be issue as to whether the property was part of his estate. I would argue that he still had a right, a redemption right, to... View More

If your mom survived your grandmother, the transfer of her estate is dictated either by a will or state law. Because she likely inherited a portion of your grandmother's home, that portion would be considered her separate property and that interest would pass to her children absent a will... View More

A lease agreement need not be in writing to be binding. An oral lease is valid under Louisiana law. And, the payment of an set monthly price tends to support that an agreement as to the thing, price, and term was reached. Still, the fact that the lease was not reduced to writing may help... View More