Louisiana 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: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

1 Answer | Asked in Employment Law, Workers' Compensation and Banking for Louisiana on
Answered on Oct 16, 2017

As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
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Q: What steps can I take when my sister lied on a legal document saying she is the only heir

1 Answer | Asked in Family Law and Probate for Louisiana on
Answered on Oct 15, 2017

Please clarify whether the suit has been decided. If not, you may a motion to become an appropriate party to Court proceedings. If yes, you have a right to file a suit for misrepresentation, fraud and cheating. For specific advice, consult Attorney of local jurisdiction.
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Q: Can a fiance initiate a wrongful death suit for medical malpractice in LA?

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Oct 11, 2017

Not for his or her own claim; however, he or she may be able to pursue a claim as the natural tutor/tutrix of the decedent's child.
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Q: Can I file a motion of intent to appeal in the district court and it be a suspensive appeal regarding a custody case?

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Louisiana on
Answered on Oct 11, 2017

Appeals in custody cases are generally devolutive, not suspensive. However, there is a procedure available to take an emergency appeal under limited circumstances, which provides for an expedited review by the appellate court. Time is limited, however, so you should consult with an attorney ASAP.
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Q: My aunt said we (My sisters, mother, and myself) were not allowed to go to my G Maw's house does she have that right?

1 Answer | Asked in Probate for Louisiana on
Answered on Oct 11, 2017

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 grandma. But, as to restricting access of family members to visit Grandma, that power has to be expressly provided in the power of attorney document. If such a provision is not in a power of attorney document, then aunt...
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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: I was accused with battery on a police officer and it was dismissed by the courts, never convicted can I get tint?

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Oct 10, 2017

In general, a person is precluded from receiving a medical exemption for tint on a motor vehicle if they have been convicted of a violent crime or drug-related offense. At the time of requesting the exemption, a background check is usually performed, after you file an affidavit, that allows the DMV to search for convictions within those areas. Assuming that none exist and that you have a valid medical reason you may be entitled to it. Please note that the information provided is solely offered...
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Q: If someone skips out on felony probation involving a minor in 1997. Can he still be arrested for it now ?

1 Answer | Asked in Criminal Law for Louisiana on
Answered on Oct 10, 2017

Hello, I'm slightly confused by your question but will attempt to answer. In general, a person that is sentenced to probation is required to complete the probation. If someone fails to comply with the requirements of their probation, it is likely that the person has a warrant for their arrest. The conditions associated with their refusal/failure to complete the probation will likely require the completion of the imposed sentence. I would strongly recommend that that person contact a lawyer for...
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Q: in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Oct 10, 2017

Hello, in general pleading guilty under 894 makes the conviction eligible to be "set aside," and eligible for expungement immediately (as opposed to the typical misdemeanor waiting period) upon completion of any sentencing requirements. However, simply completing the requirements for the conviction doesn't immediately set the ball in motion. You will need to file a motion to set aside the conviction and dismiss prosecution and motion for expungement. The 894 simply makes the offense eligible...
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Q: My nephew received 3 dui's, but just got a good job. He says he has a ride to work, but what is consequence if he driv

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Oct 10, 2017

I'm a little confused by your question. Does he have a valid driver's license right now? If the answer to that question is no, then, in general, he may be ticketed for operating a motor vehicle while having a suspended license. In general, that results in further suspension of license for an extended period of time. He may apply for a "hardship license," in the meantime and legally operate his vehicle. In general, in order to receive a hardship license, the DMV will require that he install an...
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Q: prescription containers, prescription documentation

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Oct 10, 2017

In general, the way that you stored your prescriptions in the vehicle (with the prescription and documentation)) is the best way to ensure that you don't face criminal issues associated with them. Unfortunately, this doesn't always prevent the police from charging individuals with offenses despite their actions to reduce the likelihood of being charged. There is a presumption and "affirmative defense," that may possibly be asserted on behalf of the person that legally possess their prescription...
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Q: My 13 y/o sons mom ODed w/ him in the house. She was arrested on possession. He is living with us. how do we remove CS?

1 Answer | Asked in Family Law, Child Custody and Child Support for Louisiana on
Answered on Oct 10, 2017

It may depend on whether the child support is paid through the state or directly to the mother. However, the safe thing to do would be to file a Rule to Terminate Support. This would officially document when the child came to live with you. Support would also terminate as of the date you filed the pleadings. I would also recommend filing to modify custody, which would keep the mother from coming and taking the child whenever she felt like it. Give me a call, and I'll be happy to help.
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Q: is this trademark valid in the US, Lazy Bear Brewery

1 Answer | Asked in Trademark for Louisiana on
Answered on Oct 9, 2017

It looks like "Lazy Bear Brewing Company" which is a similar trademark was issued in the U.S.

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:za883w.2.1
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Q: Someone is using my artwork to promote their live show without my permission. Recommendations on course of action?

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Answered on Oct 7, 2017

The first step would be to approach them yourself to try to work out a deal. If that doesn't work, try having an attorney contact them on your behalf and explain why they are legally obligated to stop using your work and properly compensate you. If that fails, you could sue them for copyright infringement. If you think you may need to sue, you should register your work with the US Copyright Office so that you may recover monetary damages.
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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: I had to sign an agreement not to discuss my salary with other employees. Was that legal?

2 Answers | Asked in Business Law and Employment Law for Louisiana on
Answered on Oct 4, 2017

If you desire not to disclose your salary to your would be employer have no bearing on your fixation of salary over and above your current one then fine. Depend on situation..
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Q: Father died without a will and was married. He had 4 rental properties before marriage and one purchased after marriage.

1 Answer | Asked in Probate for Louisiana on
Answered on Oct 2, 2017

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 after the marriage may be community without a pre-nup agreement. Same result for the house and car where the wife's name is on both. If all heirs made aware of Louisiana intestacy laws and understand who...
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Q: Can we let 12 year old son stay with us after summer break without going court he lives in South Carolina?

1 Answer | Asked in Family Law and Child Custody for Louisiana on
Answered on Oct 1, 2017

Technically, if there's no custody order, you and the mother have equal rights to the child; however, I would recommend filing to establish custody here in Louisiana as soon as you get your son. If you don't, there's a virtual guarantee that she will file in SC if you refuse to return the child after the summer break. Give me a call, and I'll be happy to discuss the matter further with you.
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