Asked in Real Estate Law and Landlord - Tenant for Louisiana

Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or without following specific legal procedures may lead to eviction processes. Before taking such a step, it's usually recommended to review your lease agreement and local laws regarding tenant rights and repair deductions.

In Louisiana, tenants may have some rights to deduct repair costs from rent, but these are typically exercised under specific conditions. It's crucial to have communicated the issue to your landlord in writing and given them reasonable time to address the problem. Since you've already notified your landlord and they took action, albeit delayed, your situation becomes more nuanced. Documentation of all communications, the additional water bill, and repair costs will be important.

Lastly, consider seeking advice from a local tenants' association or legal counsel familiar with Louisiana's housing laws. They can provide guidance based on your specific situation. This approach can help you understand your rights and the best course of action to avoid potential eviction while addressing the repair reimbursement issue.

Randy Bryan Ligh
Randy Bryan Ligh
  • Baton Rouge, LA
  • Licensed in Louisiana

A: You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach of your lease. The landlord can try to evict you and if you fight it, then it will be up ot the Judge whether or not your actions breached the lease and can result in your eviction.

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