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Louisiana Landlord - Tenant Questions & Answers
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.

2 Answers | Asked in Personal Injury and Landlord - Tenant for Louisiana on
Q: I live in an apartment complex two days ago coming into my apartment I fell.

I became dizzy reached for the rail and it gave way.I fell and hurt my shoulder, leg and back. The rail had been broken for some time and the apt. complex maintenance did expection and push the railing back in place without securing it properly. Can I sue them for my medical bill. No has returned... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

Contact a member of the La. Trial Lawyers Assn in your area--they give free consults. Take pictures of the area. Follow up with a doctor for your injuries.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: My daughter is renting my apartment. She has had the lights turned off due to non-payment. Can I rent to someone else?

Will I be responsible for paying her bill before the new tentants can have the electricity turned on?

Christie Tournet
Christie Tournet answered on Aug 3, 2017

Utility company will very well track/know there is a balance. Sometimes, different companies set up landlord accounts, but they are commercial accounts and sometimes, beginning deposit a bit higher. I would bet the balance will need to be paid before utility company releases the account/meter to... Read more »

1 Answer | Asked in Landlord - Tenant and Family Law for Louisiana on
Q: what rights does a person have if her boyfriend tells her to be out in 2 days and she been living with him 2 years plus

out of the blue he tells her she has to go and he made her sale all her stuff when they got together and he is demanding her to get out asap like in 2 days she hasn't done anything wrong he just met someone new at work

Christie Tournet
Christie Tournet answered on Jul 16, 2017

Unfortunately, if he owns the home, she has no real title right to enforce. Same end result, if she is not shown as a lessee on the lease. I would recommend trying to work out a do-able schedule for leaving and being done with the situation.

1 Answer | Asked in Small Claims, Landlord - Tenant and Consumer Law for Louisiana on
Q: My belongings were stolen from a storage I was renting, what type of legal action can I take ?

The storage was responsible for my belongings, I've lost everything I own for me and my three kids. I'm mentally out of it right now. I just lost my mom and brother which is hard enough, now this. I need help as to how to proceed with a law suit.

Christie Tournet
Christie Tournet answered on Jul 16, 2017

First, I am very sorry to hear of your circumstances. My condolences to your family during such a difficult time. As to the storage facility, the lease you signed will govern your available remedies. Most, contain waivers and require you to sign a waiver releasing the facility from liability.... Read more »

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

I've already posted eviction notices and the tenant has moved out as of march 18th 2017

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Hello, I have a question about receiving my security deposit back.

My security deposit has not been returned to me within the thirty day period. My former landlord is siting damages such as painting, which has to be done for the new tenant, in addition to broken bathroom tiles which were discovered after the maintenance man reset the toilet. I'm going to take... Read more »

Brian Lehman
Brian Lehman answered on Feb 8, 2017

You didn't ask a question. What are you wondering?

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: I was arrested for attempting to enter my rental property with my key when the tenant was supposed to be gone due

to nonpayment of rent for 4 months. I did not enter the dwelling, but simply stayed on the front porch talking to the tenant's boyfriend, who is not on the lease, and he pushed me twice to make me fall off the porch. He was not charged with assault. Can I sue the police dept

Brian Lehman
Brian Lehman answered on Jan 27, 2017

It is traditionally very hard to sue the police, particularly because there is a well-established principle that they can use their discretion to decide who to arrest. One area of law to check out is "selective enforcement" where you would be alleging the police arrested you but not the... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: How can I get out of my lease?

I signed a one year lease under the notion that I was going to have custody of my niece and nephew and that I would have BAH to cover it. Now five months later due to lawyers fees and the fact that the army doesn't recognize a notarized custody agreement but wants one from the court that... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 24, 2016

Unless you informed your landlord of you reasons for getting the lease AND the landlord agreed that you could get out of the lease if it did not work (written in the lease) they you cannot get out of the lease without the landlord's consent. The only provisions I am aware of for military... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: Staying with a renter who allowed me to stay without landlord permission no lease

I am staying with a friend who is renting a home but with no lease or contract, something in that area so pretty much, he was the original renter so I don't pay rent. I only paid one month cause my friend didn't have the money. But the landlord does not write him receipts showing that he... Read more »

Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 19, 2016

If there is no lease that means your friend is on a month to month lease. The landlord cannot physically make your friend remove you from the premises but what the landlord can do is issue a 10 day notice to vacate the premises and if your friend does not leave after the 10 days expires, bring... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: In Louisiana does a landlord forfeit the deposit if he goes past the 30 days? Did not break lease, was at will tenant.
Robert Martin Louque Jr
Robert Martin Louque Jr answered on Aug 13, 2016

Security deposits are the one of the biggest disputes between a former landlord and tenant. If a tenant complies with all the terms of the lease, especially the required notice when they are moving out, and delivered the leased premises back to the landlord in the same condition in which the... Read more »

1 Answer | Asked in Landlord - Tenant for Louisiana on
Q: In Louisiana, can the tenant use the deposit for last months rent?

He gave notice, by email, he was moving on 30 April but has refused to give a definite move out date. I replied saying the lease would terminate on 31 May. He did not disagree. He simply says he will let us know when they are out and the cleaning people have been there so we can transfer... Read more »

Charles Snyderman
Charles Snyderman answered on May 20, 2014

http://www.legis.state.la.us/lss/lss.asp?doc=107468

§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor

A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure...
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