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Louisiana Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Louisiana on
Q: I own a home on my grandparents land. They let me live here. Can they tell me when I can and can't leave or come home?

I bought the loan to a trailer they cosigned for my aunt and her husband. They bullied me into signing a document releasing them from responsibility as co-signer. They said if I didn't my mama and I had to leave and if we didn't they would have the law remove us. I was threatened to sign.. I had no... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 13, 2020

You own a trailer. You owe a lien for a trailer. They are still responsible for the lien if you don't pay it because I seriously doubt the lender would release to 2 cosigners. If you have a lease to the land, you can enforce it. If you don't, they can evict you. They have no other say over... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: I moved out during separation, need to evict roommates to move back in. What are our legal rights if they refuse?

My husband took in roommates when I moved out of the house we jointly own during our separation. They need to move out since we reconciled and am moving back in. Do they have any legal rights & refuse to leave? What legal rights do I have since I own 50% & never agreed to anything with them? If... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 29, 2020

You need a real estate attorney to do an eviction.

2 Answers | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: Can i finally get my home

As a child I bought a house from my sister with money that my dead father had left me in cds at a bank, it was taken by

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2020

You didn't finish your question.

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1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: I'm trying to figure out how I was search in my own home and now have possession of marijuana, just my landlord was mad?

First that is an illegal search and seizure right?? And also my landlord harassed me just because he is ex task force.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 30, 2019

Hire a criminal attorney to provide more details about the search.

1 Answer | Asked in Civil Rights, Consumer Law, Family Law and Landlord - Tenant for Louisiana on
Q: Widow and 2 kids kicked out of a house by dead husband family w/o eviction notice !!! Legal or not in La ?

Not sure if Will was in play

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 15, 2019

A great deal more details needed. Consult with an attorney.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Louisiana on
Q: If a restraining order is granted , how far does the accused have to stay away from accuser

2 brothers ( 1 whom had open heart surgery , the accuser ) against his brother ( the accused ) who threatened to hit him in the chest to kill him then said he would burn the trailer with him( cardiac pt ) in it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 12, 2019

The accuser needs to make a criminal complaint with the Sheriff's office.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: I have a trailer on my mother's property the trailer and the property is paid off in full can She take my trailer away

My Mobile home is paid off in full and I have the title in my name it's setting on private property that's in my mother's name that is also paid off in full I did pay and have a mowdad down but I have not had the money for the lights or water just yet can she take my trailer from me and start... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 12, 2019

It's clear the trailer is titled to you. It's not clear who owns the land to answer your question.

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Louisiana on
Q: Can an apartment complex in Louisiana require renters insurance as a term of a lease?

I've been looking, but can't find anything official in the rental law.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

Teaching opportunity: The law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." Accordingly, if Louisiana laws regarding "rental law" do not contain anything about landlords requiring renter's... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on
Q: What are my rights re: succession eviction and disability in the State of Louisiana?

84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »

Sye J Broussard
Sye J Broussard answered on Jun 15, 2019

Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.

2 Answers | Asked in Contracts, Real Estate Law, Landlord - Tenant and Legal Malpractice for Louisiana on
Q: In a BFD, what are seller's rights when it comes to buyer damage to the property & missing payments every month?

Buyer's real estate agent has taken advantage of my elderly parents since the start. Buyer has failed to make payments on time every month since signing. 45 days have been given each time. The contract said for improvements to be made to houses and property. None have been made. Rather the houses... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Contact a Louisiana real estate lawyer to help the sellers enforce the contract.

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1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can I take a previous landlord to court in order to have a collection on my credit report removed?

On June 2017, I moved into an apartment. Within two weeks my A/C stopped working. I requested it to be fixed, and they attempted to fix it a week later by adding antifreeze to the unit. The problem was that the unit was leaking antifreeze. So for the first two months of my lease, the A/C unit would... Read more »

Christie Tournet
Christie Tournet answered on May 10, 2019

If you have those notices, timeline, and notice of non payment for days where you could not live in the apartment, I would submit to the landlord, or whatever collection agency may have reported, to contest the reporting and to advise that the report is without merit, as you have evidence... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: How do I get out a lease in Louisiana,if I can’t sublet it or move to the state? It’s not to begin till August.

I live in fl, lost my job so I can no longer take the apartment in Louisiana.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Since the lease term does not begin until August you have much more time to work this out with the new landlord than it should take; and the landlord has a great deal of time to find another tenant too. Get on it.

1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Louisiana on
Q: Hi, my mother recently passed away i have 2 brothers 2 sisters so we own the house do i have to sign a lease. And insura

I lived with her and payed 400$ a month and im still doing it the money is going towards the bills she owed. And we agreed i can buy all them out with my inheritance but we r doing the succession and getting that straight. They r saying i have to get 100,000 rental insurance minimum. My mom didnt... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2019

Unless the house still has a mortgage on it, I am tot sure who "they" are, and why "they" are requiring you to pay rental insurance. IMO the most important issue here is to remain in the house until the deed is changed to your name. That will probably require court action, i.e. probate.

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Louisiana on
Q: If im parked on the street in a subdivision. A empty lot with no building. A lot across the street guy has gun

Asks what im doing parked in the street. Says he's calling the police. There are no no parking signs. It is a public street.

If I chose to stay and talk with police what happens

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 20, 2019

Parking on a public street is not a crime.

1 Answer | Asked in Landlord - Tenant and Probate for Louisiana on
Q: Can someone whose name isn't on a deed legally evict someone in Louisiana if there never was a written or oral lease?

The mother's name has been deed since 1992. She died in 1996. No will. No succession ever done. Been living in residence since 2006 with other brother who passed in July of this year. No oral or written lease. No rent ever paid to her or anyone. One son whose name isn't on deed is saying hes... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 31, 2018

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.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can a landlord claim we caused damages 2 years after we moved out?

Supposed damages have not been itemized in any way. Landlord refused contact attempts until suddenly claiming damages nearly 2 years after we moved.

Christie Tournet
Christie Tournet answered on Aug 13, 2018

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.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: can i remove my deceased brothers 35 year old child whos on drugs and abusing her mom and disturbing mines off property

its family land the mom gets restraining orders and then removes them. my mom is worrying herself to death and i feel helpless. the law seems to not want to do anything.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2018

Get an attorney to do an eviction for the owner.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Do I have a right to break a lease if I was forced out of my apartment?

My apartment was rendered uninhabitable by smoke and structural damage caused by a lethal fire that occurred directly next door to us. I filed a claim with my renter's insurance but we have been displaced for a week now and will be for at least another based on professional estimates. The... Read more »

Christie Tournet
Christie Tournet answered on Apr 6, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Louisiana on
Q: does my landlord have to return my deposit if we moved out after only a month, but no lease was ever signed.

Only lived there a month, and landlors failed to provide lease like he said he would. We ended up having to move for other reasons. There was no damage or unpaid bills and we also found someone to rent the trailer for him since we were moving.

Christie Tournet
Christie Tournet answered on Apr 6, 2018

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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: I was forced to break a lease because of the safety for myself and my daughter after threats of deadly violence.

A written notice was given in advance to the landlord, but I am now being sued in small claims court for breaking the lease. The home was vacated and left in better condition than when it was rented to me. Can they do this?

Christie Tournet
Christie Tournet answered on Apr 3, 2018

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... Read more »

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