Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Landlord - Tenant Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

View More Answers

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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
View More

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.