Louisiana Landlord - Tenant Questions & Answers

Q: Can I withhold rent until my landlord takes care of a mice problem?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Oct 17, 2017

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 problem, you give written notice (as required under the lease), and provide a time to cure, but the problem goes unresolved, you may need to break the lease; consider living elsewhere. If you go that...
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Q: Can i have someone removed from my appartment thats not on the lease dont pay rent and recieces no mail there

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Oct 11, 2017

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 matters. You may need to handle it through civil/small claims court by getting an eviction, if the invitation termination and law enforcement avenues do not pan out.
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Q: Are we responsible for home owner insurance if we lived in home?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Oct 11, 2017

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.
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Q: Ive told my landlord that my roommate is breaking the rules on the lease and she's done nothing, what can I do?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Oct 5, 2017

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 others to live there, you and the roommate may be breaching the lease. Because it is a potential breach, maybe your roommate will consider the issue more seriously. Or, perhaps, she could take over your...
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Q: If I broke a lease can my landlord decide not to rent the apt after i'm gone to make me responsible for the remaining

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Answered on Sep 18, 2017

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 property will likely be at issue. Also, if you have any written correspondence showing prior issues with the landlord entering your premises - in a method that violates the lease between you -- that...
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Q: Our landlord forgot to get us to sign the lease, can I leave ? & would I get my deposit back?

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Louisiana on
Answered on Sep 12, 2017

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 simplify reasons for terminating the agreement - especially, if there are concerns as to a safe habitat. Still, it may be prudent to advise in writing of the reasons for concern, provide a time period for...
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Q: Repair &deduct:am I required to submit repair request by certified letter or is submission in writing acknowledged enoug

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 28, 2017

Your lease is always controlling - it is the contract between you and the lessor. But, even if the lease is silent, or not in writing, submission in writing to show notice and reasonable opportunity to cure is always best.
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Q: I live in an apartment complex two days ago coming into my apartment I fell.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Louisiana on
Answered on Aug 24, 2017

Contact a member of the La. Trial Lawyers Assn in your area--they give free consults. Take pictures of the area. Follow up with a doctor for your injuries.
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Q: My daughter is renting my apartment. She has had the lights turned off due to non-payment. Can I rent to someone else?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Answered on Aug 3, 2017

Utility company will very well track/know there is a balance. Sometimes, different companies set up landlord accounts, but they are commercial accounts and sometimes, beginning deposit a bit higher. I would bet the balance will need to be paid before utility company releases the account/meter to a new tenant. It will have to be included in the amount that your daughter owes you, in so long as your rental agreement includes utility charges.
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Q: what rights does a person have if her boyfriend tells her to be out in 2 days and she been living with him 2 years plus

1 Answer | Asked in Landlord - Tenant and Family Law for Louisiana on
Answered on Jul 16, 2017

Unfortunately, if he owns the home, she has no real title right to enforce. Same end result, if she is not shown as a lessee on the lease. I would recommend trying to work out a do-able schedule for leaving and being done with the situation.
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Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability. But, certain circumstances may be able to overcome that, if they broke one of their obligations, i.e. did a gate malfunction? lack of security when promised? Also, sometimes homeowner's and renter's...
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Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to actually collect.
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Q: Hello, I have a question about receiving my security deposit back.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Feb 8, 2017

You didn't ask a question. What are you wondering?
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Q: How can I get out of my lease?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 24, 2016

Unless you informed your landlord of you reasons for getting the lease AND the landlord agreed that you could get out of the lease if it did not work (written in the lease) they you cannot get out of the lease without the landlord's consent. The only provisions I am aware of for military personnel when it comes to breaking a lease is 1) receiving PCS orders to move to another location, 2) orders to be deployed overseas, or 3) orders to live in on base housing.

Q: Staying with a renter who allowed me to stay without landlord permission no lease

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 19, 2016

If there is no lease that means your friend is on a month to month lease. The landlord cannot physically make your friend remove you from the premises but what the landlord can do is issue a 10 day notice to vacate the premises and if your friend does not leave after the 10 days expires, bring him to court and ask a judge to make him leave.

You do not really need a reason to evict a tenant in a month to month lease other than "i do not want to rent to you anymore."

Q: In Louisiana does a landlord forfeit the deposit if he goes past the 30 days? Did not break lease, was at will tenant.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on Aug 13, 2016

Security deposits are the one of the biggest disputes between a former landlord and tenant. If a tenant complies with all the terms of the lease, especially the required notice when they are moving out, and delivered the leased premises back to the landlord in the same condition in which the tenant received it, then the former tenant is normally entitled to his security deposit back from the landlord.

The tenant has to send a written demand for his security deposit back and let the...

Q: In Louisiana, can the tenant use the deposit for last months rent?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Answered on May 20, 2014

http://www.legis.state.la.us/lss/lss.asp?doc=107468

§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor

A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate,...

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