Louisiana Landlord - Tenant Questions & Answers
Q: Can someone whose name isn't on a deed legally evict someone in Louisiana if there never was a written or oral lease?
Douglas Lee Bryan's answer
Technically anyone with a legal interest in the property can evict you if you don't have permission to live there, but anyone with a legal interest can also give you permission. I would suggest that you get written permission from one of the other heirs, preferably in the form of a lease.
Technically anyone with a legal interest in the property can evict you if you don't have permission to live there, but anyone with a legal interest can also give you permission. I would suggest that you get written permission from one of the other heirs, preferably in the form of a lease.
Q: Can a landlord claim we caused damages 2 years after we moved out?
Christie Tournet's answer
Not if a notice of damages with an itemized statement of the damages v. the amount of your security deposit was not initially sent by Lessor within 30 days of termination of lease.
Not if a notice of damages with an itemized statement of the damages v. the amount of your security deposit was not initially sent by Lessor within 30 days of termination of lease.
Q: Do I have a right to break a lease if I was forced out of my apartment?
Christie Tournet's answer
If you cannot occupy the leased premises, you likely should not have to pay rent. However, your lease may have a specific "fire and casualty clause" spelling out the exact remedies. For example, if the premises are untenable, abatement of rent should certainly occur, and if repairs not made by a certain time, the lease should be terminated. Specific review of the terms are necessary to provide more precise recommendations, and then, if warranted, demand to the Lessor.
If you cannot occupy the leased premises, you likely should not have to pay rent. However, your lease may have a specific "fire and casualty clause" spelling out the exact remedies. For example, if the premises are untenable, abatement of rent should certainly occur, and if repairs not made by a certain time, the lease should be terminated. Specific review of the terms are necessary to provide more precise recommendations, and then, if warranted, demand to the Lessor.
Q: does my landlord have to return my deposit if we moved out after only a month, but no lease was ever signed.
Christie Tournet's answer
An oral lease can be binding. Generally, if there is no agreed upon term, or the lease expires and the tenant continues to rent, then the lease becomes month to month. So, if you all agreed to a specific term, that could be binding. Still, if you found someone to assume the lease and you know that person was able to readily move in, because no damages, and the landlord is collecting rent from the new tenant, then you should send written demand for return of your deposit. As long as you did...
An oral lease can be binding. Generally, if there is no agreed upon term, or the lease expires and the tenant continues to rent, then the lease becomes month to month. So, if you all agreed to a specific term, that could be binding. Still, if you found someone to assume the lease and you know that person was able to readily move in, because no damages, and the landlord is collecting rent from the new tenant, then you should send written demand for return of your deposit. As long as you did...
Q: I was forced to break a lease because of the safety for myself and my daughter after threats of deadly violence.
Christie Tournet's answer
The copy of a written notice of an issue is always useful. If the problem went uncured after notice to landlord, you very well may have had "cause" to break the lease. Specifically, in a lease, a tenant can agree to waive the default obligations/warranties of the landlord to provide a place free from vices/defects (problems), but the landlord CANNOT require that the tenant waive a warranty for vices or defects that SERIOUSLY affect health or safety. So, in court, you will need to show the...
The copy of a written notice of an issue is always useful. If the problem went uncured after notice to landlord, you very well may have had "cause" to break the lease. Specifically, in a lease, a tenant can agree to waive the default obligations/warranties of the landlord to provide a place free from vices/defects (problems), but the landlord CANNOT require that the tenant waive a warranty for vices or defects that SERIOUSLY affect health or safety. So, in court, you will need to show the...
Q: Still married seperated yet still living in same home.. home soley in my name. Want spouse and new boyfriend to vacate
Douglas Lee Bryan's answer
If the home was purchased prior to the marriage and is solely in your name, you have the right to evict them. Even if the home is solely in your name, and assuming you're owning and not renting, then the home would be community property and your spouse would be co-owner with you. If this is the case, she cannot be evicted, because she owns the property with you. If that's the case, I'd suggest filing for divorce and asking the court for exclusive use of the home pending the divorce.
If the home was purchased prior to the marriage and is solely in your name, you have the right to evict them. Even if the home is solely in your name, and assuming you're owning and not renting, then the home would be community property and your spouse would be co-owner with you. If this is the case, she cannot be evicted, because she owns the property with you. If that's the case, I'd suggest filing for divorce and asking the court for exclusive use of the home pending the divorce.
Q: Can I request additional time to move out when I have a restraining order on my ex?
1 Answer
| Asked
in
Domestic Violence and Landlord - Tenant
for
Louisiana
on
Answered on Mar 6, 2018
Answered on Mar 6, 2018
Q: Can I get out of lease bc of noisey upstairs tentant and neighbors drug abuse and looking for handouts?
Christie Tournet's answer
You may be able to, if your safety and health are at issue. But, I would recommend that you refer to your written lease and provide written notice to the landlord of the outstanding issues. If the issues go uncured after providing a reasonable, or required, time delay, your chances of successfully terminating the lease should be better. While this is a generic recommendation, you should always consult an attorney to better address your specific circumstances.
You may be able to, if your safety and health are at issue. But, I would recommend that you refer to your written lease and provide written notice to the landlord of the outstanding issues. If the issues go uncured after providing a reasonable, or required, time delay, your chances of successfully terminating the lease should be better. While this is a generic recommendation, you should always consult an attorney to better address your specific circumstances.
Q: If my lanlord doesnt fix rodent problem floor damange roof leakage in my home do i have the right to break my lease
1 Answer
| Asked
in
Land Use & Zoning and Landlord - Tenant
for
Louisiana
on
Answered on Dec 29, 2017
Answered on Dec 29, 2017
Christie Tournet's answer
Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against vices were waived in the lease.
Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against vices were waived in the lease.
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
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...
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: Can landlord kick me out of apartment / break my lease because my new neighbor is lying on me With noise/music complaint
Christie Tournet's answer
short answer, yes. Most lease agreements, and Louisiana law, require that you lease without interrupting others' use and enjoyment of their property. So, if the landlord is receiving complaints and providing notices, it is best to show either that you cured the violation, or that there is a misunderstanding. If you maintain that you are not playing loud music, the best option would be to discuss this with the landlord and address the times of the alleged violations (perhaps you were at...
short answer, yes. Most lease agreements, and Louisiana law, require that you lease without interrupting others' use and enjoyment of their property. So, if the landlord is receiving complaints and providing notices, it is best to show either that you cured the violation, or that there is a misunderstanding. If you maintain that you are not playing loud music, the best option would be to discuss this with the landlord and address the times of the alleged violations (perhaps you were at...
Q: Can I break my lease?
Christie Tournet's answer
Send written notice as required under the lease. If it goes uncured and you have confirmation of health issues with your environment specifically, you likely have cause to terminate. Seek another leased premises, move out, leave in like condition as to when leased, and you may also be able to demand return of deposit.
Send written notice as required under the lease. If it goes uncured and you have confirmation of health issues with your environment specifically, you likely have cause to terminate. Seek another leased premises, move out, leave in like condition as to when leased, and you may also be able to demand return of deposit.
Q: in Louisiana, can a private landlord charge a reasonable/modest charge for labor when fixing damage caused by a Tenant?
Christie Tournet's answer
Yes. The important considerations are that damages are itemized and provided to the tenant within thirty days of move out to prevent potential damages of attorney fees and costs in addition to whatever security deposit amount is still owed the tenant.
Yes. The important considerations are that damages are itemized and provided to the tenant within thirty days of move out to prevent potential damages of attorney fees and costs in addition to whatever security deposit amount is still owed the tenant.
Q: Landlord has history of not refunding security deposits with bogus allegations. Could we not pay last month of rent?
Christie Tournet's answer
If your lease ends November 30, you should be out November 30th. You should also pay your November rent in full, but also document the condition of the premises with pictures, video, and a end-of-lease checklist with the lessor, if you can. You can ask now/set a date to do a walk through with the lessor. You can find end-of-lease walk-thru checklists online, if the Lessor does not have one already prepared. If you don't pay rent in advance, you set yourself up for suit/fees and eviction for...
If your lease ends November 30, you should be out November 30th. You should also pay your November rent in full, but also document the condition of the premises with pictures, video, and a end-of-lease checklist with the lessor, if you can. You can ask now/set a date to do a walk through with the lessor. You can find end-of-lease walk-thru checklists online, if the Lessor does not have one already prepared. If you don't pay rent in advance, you set yourself up for suit/fees and eviction for...
Q: Can I withhold rent until my landlord takes care of a mice problem?
Christie Tournet's answer
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...
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...
Q: Can i have someone removed from my appartment thats not on the lease dont pay rent and recieces no mail there
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.
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: Are we responsible for home owner insurance if we lived in home?
Christie Tournet's answer
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.
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.
Q: Ive told my landlord that my roommate is breaking the rules on the lease and she's done nothing, what can I do?
Christie Tournet's answer
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...
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...
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
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...
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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