Louisiana Contracts Questions & Answers

Q: How long must you legally own a property in the state of Louisiana before reselling? Where is the law defining this ?

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Louisiana on
Answered on Sep 10, 2018
Christie Tournet's answer
There is no law requiring that you hold property for a minimum time before re-selling. However, tax consequences could differ on income/capital gains. You should address that scenario, and your specific circumstances, with your CPA.

Q: Is lease still valid if no guarantor signed yet

1 Answer | Asked in Contracts for Louisiana on
Answered on Aug 28, 2018
D. Alex Onstott's answer
The answer depends on the exact language of your lease. However, generally, when you sign a document, you are agreeing to its terms. A guarantor is typically required by the lessor; and provisions of a contract which exist to protect the lessor may not be relied upon by the lessee to invalidate the lease.

You also mentioned roommates who might have forged or altered your signature, and a landlord who seems to be changing the rent. These are issues that should be discussed with an...

Q: A contract between two family members with two witness signatures is that legal paper without a notary stamp

1 Answer | Asked in Contracts for Louisiana on
Answered on Aug 28, 2018
D. Alex Onstott's answer
As with most legal questions, the devil is in the details when it comes to contract validity.

Most contracts don't require notarization or witnesses, nor do they need to be written, in order to have effect. Writing your agreement is almost always advisable, since it memorializes the intentions of the parties for later reference, and to settle any disputes about the agreement that may come up in the future. For that reason, most attorneys will advise you to get all agreements that you...

Q: My Lienholder on my truck repoed my truck from the towing yard where it was being held. Pmt current ins. current

2 Answers | Asked in Car Accidents, Civil Litigation, Contracts and Civil Rights for Louisiana on
Answered on Aug 15, 2018
Ellen Cronin Badeaux's answer
Give your insurer power of attorney to deal with your lien holder.

Who was found at fault in the accident?

Q: The vehicle that was leased is in Lake Charles and he doesnt have the money to make it to the dealership or lessor.

1 Answer | Asked in Contracts, Criminal Law and Business Law for Louisiana on
Answered on Jul 22, 2018
Ellen Cronin Badeaux's answer
He would be better off having it towed, rather than having them pick it up because their fee will be huge.

Q: Can you sign your share of an estate over to another share holder (sibling) without a secession in LA?

2 Answers | Asked in Contracts, Estate Planning and Probate for Louisiana on
Answered on May 28, 2018
Douglas Lee Bryan's answer
Yes, this can be done. An attorney familiar with successions and property law can help you do this. Give me a call and I'll be happy to discuss further.

Q: My child is now emancipated he's 19 I am still paying child support I am paying arrears my son never received any money

1 Answer | Asked in Contracts, Family Law and Child Support for Louisiana on
Answered on Mar 23, 2018
Ellen Cronin Badeaux's answer
Your son is a major, not emancipated. You are paying arrwars, not ongoing. To change the recipient, you can't "file paperwork". You need an attorney to research the issue and file a Motion. This is not something that can be done with a form.

Q: My soon to be ex-wife wants a payoff from me in order for me to retain full ownership of the marital home. Bill of sale?

2 Answers | Asked in Contracts and Divorce for Louisiana on
Answered on Mar 15, 2018
Douglas Lee Bryan's answer
An Act of Sale would be the proper document, not a bill of sale. Your attorney can prepare this for you.

Q: How do i go about getting my exboyfriend out of my home? I rented my home way before he came into the picture.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Louisiana on
Answered on Dec 21, 2017
Christie Tournet's answer
If he is not on the lease, then he does not have a right to be there. However, without the Lessor cooperating, it may be difficult to force him to leave, as the landlord is the one with ownership rights and can force an eviction. So, check to see if the lease shows him as tenant also and if the Lessor will cooperate. Also, if he is staying without paying rent, then you have a claim for unjust enrichment. See if you can get him to move by threatening an unjust enrichment claim for all months...

Q: How can i get work authorization. I'm married to a US citizen. My current visa is F1.

1 Answer | Asked in Contracts and Immigration Law for Louisiana on
Answered on Dec 13, 2017
Edit Stelczner's answer
Your US citizen spouse will need to petition for you by filing the form I-130. You will likely be able to file the adjustment application (green card application) along with the petition and from the date of filing you would receive employment authorization (work permit) in about 4 months. I strongly recommend working with an immigration attorney so you can get through this process without any unnecessary delays or mistakes. Congratulations on your marriage!

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
Christie Tournet's answer
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.

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
Christie Tournet's answer
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...

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
Christie Tournet's answer
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...

Q: Can our policy be cancelled during litigation when all premiums have been paid?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on
Answered on Aug 24, 2017
David Alan Wolf's answer
You should consult with an attorney. It is odd that the insurance company is cancelling the policy for failure to maintain the building. Typically, policies are challenged by the carrier if there is a misrepresentation or a failure to pay the premium. There may be a way to force the insurance company to cover the claim.

Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.

Q: I recently fired my attorney and I have in writing and on voicemail him stating I get a full refund. Then he charges

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Legal Malpractice for Louisiana on
Answered on Apr 26, 2017
Douglas Lee Bryan's answer
A lawyer has the right to charge what is a fair fee. If he promises a full refund, however, you have the right to enforce that promise. If he or you contests what is owed (or what is a fair fee), you have the right to ask the Office of Disciplinary Counsel in Baton Rouge to intervene. They can be reached at https://www.ladb.org/. Good luck.

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
Charles Joseph Stiegler's answer
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.

Q: A guy broke my iphone but agreed to pay on video. He has also agreed via chat. But he is now avoiding me.

2 Answers | Asked in Contracts, Products Liability and Small Claims for Louisiana on
Answered on Feb 11, 2017
Brian Lehman's answer
Yes. "An individual may file any money claim under the amount of $3,000 on the Clerks Docket; all other claims are filed under the Civil Suits." https://www.lincolnparish.org/clerkofcourt/pages/civil.html

Q: If I sold a tshirt with someone else's picture on it, what is the percentage of sales they would legally be entitled to?

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Louisiana on
Answered on Feb 6, 2017
Will Blackton's answer
That answer will depend on a number of factors, but as it relates to intellectual property law, the first question you have to answer before anyone can possibly respond to your question accurately:

Is this a picture you took (or own the rights to) that is of someone else, or is this a picture taken (and owned) by someone else?

Q: If I signed a lease, but never moved in, payed the rent, or the deposite, am I still liable to the contracted?

1 Answer | Asked in Contracts for Louisiana on
Answered on Aug 20, 2015
Adam Studnicki's answer
Possibly. Depending on local law, the landlord may have a duty to mitigate damages. Check with a local real estate lawyer.

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