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Louisiana Landlord - Tenant Questions & Answers
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... 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... 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
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... 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... Read more »

Ellen Cronin Badeaux
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
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
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... Read more »

Christie Tournet
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
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
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 »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: in Louisiana, can a private landlord charge a reasonable/modest charge for labor when fixing damage caused by a Tenant?
Christie Tournet
Christie Tournet answered on Nov 1, 2017

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.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Landlord has history of not refunding security deposits with bogus allegations. Could we not pay last month of rent?

We live in Louisiana. We have a 1 year lease that ends November 30th. We were expecting to renew the lease but the landlord sent us a letter Saying we need to move out by December 31st. We want to move dec 1st not at the end of December.The problem we are having is debating whether to not pay the... Read more »

Christie Tournet
Christie Tournet answered on Oct 30, 2017

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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Can I withhold rent until my landlord takes care of a mice problem?

Lived in the apartment for 4 months and all of a sudden I started getting mice. I told the landlord and they just put out sticky traps you'd get from the dollar store. I still had problems and they tried to seal some holes but that didn't work. They haven't done anything really to... Read more »

Christie Tournet
Christie Tournet 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... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Louisiana on
Q: Can i have someone removed from my appartment thats not on the lease dont pay rent and recieces no mail there
Christie Tournet
Christie Tournet 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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Are we responsible for home owner insurance if we lived in home?

Question from Louisiana. My mother bought a second home approximately 5 years ago. My husband and I along with our 4 kids have lived in the home. Verbal agreement was we pay the homeowners insurance. My mother recently gave us 30notice to vacate she intends to sell. We vacated on Sept 15th. We... Read more »

Christie Tournet
Christie Tournet 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.

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Ive told my landlord that my roommate is breaking the rules on the lease and she's done nothing, what can I do?

He's basically moved his girlfriend in and my landlord hasn't done thing about it. She has no job, eats all the food I buy, and destroys the house. I've talked to the landlord and I've gotten no response. What can I do to get her out?

Christie Tournet
Christie Tournet 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... Read more »

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

Technically my landlord broke the lease first by entering my apartment several times while i was at work without my permission and the law states that when the lease is broken the landlord must actively be looking for a new tenant and once rented the last tenant would only be responsible for the... Read more »

Christie Tournet
Christie Tournet answered on Sep 18, 2017

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... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Our landlord forgot to get us to sign the lease, can I leave ? & would I get my deposit back?

We've been living in this apartment for 2 months now, paid a $800 deposit & $800 rent. Since we've been here.. the oven wasn't working, they had to replace that. & roach problem began starting from our dirty neighbors next door. & now they are maggots coming out of the... Read more »

Christie Tournet
Christie Tournet answered on Sep 12, 2017

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... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Repair &deduct:am I required to submit repair request by certified letter or is submission in writing acknowledged enoug
Christie Tournet
Christie Tournet answered on Aug 28, 2017

Your lease is always controlling - it is the contract between you and the lessor. But, even if the lease is silent, or not in writing, submission in writing to show notice and reasonable opportunity to cure is always best.

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