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Louisiana Landlord - Tenant Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... 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.

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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... 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

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