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 »
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 »
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.
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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?
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 »
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 »
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 »
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 »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.