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Louisiana Landlord - Tenant Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 »

2 Answers | Asked in Family Law and Landlord - Tenant for Louisiana on

Q: Still married seperated yet still living in same home.. home soley in my name. Want spouse and new boyfriend to vacate

What are my rights to evict them?

Douglas Lee Bryan answered on Mar 7, 2018

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... Read more »

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Louisiana on

Q: Can I request additional time to move out when I have a restraining order on my ex?

He abandoned his lease. It's in his name. He agreed to help pay the rent but barely gave me any money. I managed to pay the rent Jan & Feb but can't afford it this month. I just got a restraining on him yesterday for domestic violence. The landlord is going to file Friday for an eviction due... Read more »

Ellen Cronin Badeaux answered on Mar 6, 2018

No. Not the landlord's problem.

1 Answer | Asked in Landlord - Tenant for Louisiana on

Q: Can I get out of lease bc of noisey upstairs tentant and neighbors drug abuse and looking for handouts?

Neighbors always asking for money, cigarettes and rides. Also EMT's have been called due to overdose. I have to leave my 18 y/o disabled daughter home alone when I go to work at all hours of the day

Christie Tournet answered on Jan 3, 2018

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... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Louisiana on

Q: If my lanlord doesnt fix rodent problem floor damange roof leakage in my home do i have the right to break my lease

We contacted her constantly about it but she makes up excuses we ca here the rodents at night tearing through the walls they jumped on our beds what should i do also my grandchild is almost due

Christie Tournet answered on Dec 29, 2017

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... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Louisiana on

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

He only paid 1 month of half the rent and utilities and he has stayed in my house for 3 1/2 months. He broke up with me and i told him he had a month to get a new place. Now he is telling me he won't leave till he finds a place. Mind you he broke up with me in the beginning of November, and it is... Read more »

Christie Tournet answered on Dec 21, 2017

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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on

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 answered on Dec 19, 2017

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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Louisiana on

Q: Can I break my lease?

My landlord refuses to answer phone calls. She refuses to deal with any issues in the house. My doctor wrote out a note stating that being I am pregnant the house is becoming a hazard to my health and my unborn childs because water and electricity in the home is unreliable but I have no way to get... Read more »

Christie Tournet answered on Nov 6, 2017

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... Read more »

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