New Orleans, LA asked in Landlord - Tenant for Louisiana

Q: Can I take a previous landlord to court in order to have a collection on my credit report removed?

On June 2017, I moved into an apartment. Within two weeks my A/C stopped working. I requested it to be fixed, and they attempted to fix it a week later by adding antifreeze to the unit. The problem was that the unit was leaking antifreeze. So for the first two months of my lease, the A/C unit would stop working, and maintenance would arrive a week later to add antifreeze, and within days the unit would stop working. Then the unit stopped working all together. I collected pictures of my unit and how it was leaking antifreeze. In the 1st of August, my air conditioning had not been working for two weeks. So I handed a letter to the landlord informing him that I was living elsewhere until the problem was resolved and would not pay rent for the days I did not stay in the apartment. The issue was resolved in September. I moved back in, and for the remainder of my lease I informed my landlord that I would not pay for August. The landlord consented to the arrangement but marked my creditrepor

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1 Lawyer Answer
Christie Tournet
Christie Tournet
Answered
  • Mandeville, LA
  • Licensed in Louisiana

A: If you have those notices, timeline, and notice of non payment for days where you could not live in the apartment, I would submit to the landlord, or whatever collection agency may have reported, to contest the reporting and to advise that the report is without merit, as you have evidence supporting the non working a/c and the inability to live in the apartment without a/c. Request removal within a time delay. If that does not happen, then, you may have to proceed with litigation.

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