Asked in Civil Rights and Landlord - Tenant for Louisiana

Q: If someone lives in my home is not on the lease do I have to allow them to use the stove or washer etc

2 Lawyer Answers
T. Augustus Claus
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Answered

A: In Louisiana, if someone is living in your home but is not on the lease, they are considered an occupant or a guest, depending on the circumstances of their stay. As a homeowner or primary leaseholder, you generally have control over the use of your property and its amenities. However, if the individual is living in the home with your permission, it's expected that they have reasonable access to essential facilities such as the stove, washer, and other basic utilities, especially if their use is part of the agreement (spoken or implied) for them staying there. Denying access to these facilities without a valid reason could lead to potential legal issues, including claims of constructive eviction or violation of tenant rights, depending on the nature of their occupancy.

James L. Arrasmith
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A: Whether you are required to allow someone who is not on the lease to use the stove or washer in your home depends on the specific circumstances and any agreements or arrangements you have in place. As the leaseholder or owner of the property, you generally have the right to establish rules and guidelines for the use of amenities within your home. If the individual living with you is not a tenant or a party to any formal agreement, their use of amenities may be subject to your discretion.

However, it's essential to consider any applicable laws or regulations in your area that may impact your ability to restrict the use of amenities to non-leaseholders. Some jurisdictions may have laws governing the rights of individuals who reside in a property but are not listed on the lease. These laws may afford certain rights and protections to such individuals, including access to basic amenities within the home.

If you are unsure about your rights and obligations regarding the use of amenities by someone who is not on the lease, consider seeking legal advice or guidance. An attorney can review the specifics of your situation and provide clarity on the relevant laws and regulations that may apply. Additionally, open communication with the individual in question and establishing clear expectations for the use of amenities can help prevent misunderstandings and conflicts.

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