Louisiana Tenants Rights Laws & Protections
A tenant in a residential rental agreement in Louisiana is given certain rights. The rights come in several categories, protecting a tenant from landlord harassment, providing legal recourse for various landlord-tenant disputes, and ensuring that a tenant has a safe home to live in. These rights are outlined in Louisiana's landlord and tenant laws in the state's civil code.
Other People Are Reading
-
Privacy and Quiet Enjoyment
-
A tenant in Louisiana has a reasonable expectation to be able to enjoy his home in a quiet, peaceful manner. If another tenant or neighbor disrupts the quiet enjoyment of the rental unit repeatedly, the tenant has the right to take action. There are a few methods of legal recourse in this situation. The first is simply talking to the neighbor and establishing times when louder noises are acceptable. Many towns and cities have local noise ordinances, so calling the police if the noise persists is an option as well. Additionally, a landlord may write in specific quiet hours into a lease, especially if there are multiple rental units in one building. If the disruptive tenant is under lease with the original tenant's landlord, the original tenant can report the situation to the landlord. The landlord can issue a written notice warning the tenant of a lease violation, or just begin eviction procedures based on a lease violation.
The right to privacy controls when a Louisiana landlord can enter an occupied rental unit. Louisiana law requires a reasonable notice, typically 24 to 72 hours, prior to entering the rental unit. The time of the visit should be normal during business hours.
Lessee's Deposit Law
-
Louisiana civil code provides specific provisions regarding security deposits. This law is located in Article 9, Section 3251 of Louisiana's Revised Statutes. The tenant has the right to receive his security deposit back within 30 days of vacating the premises and cannot be charged for repairs considered normal wear and tear. The tenant must be informed of any repair costs deducted by the landlord. The landlord has 30 days to send an itemized deduction sheet to the tenant, along with any remaining security deposit.
-
Lease Termination
-
There are a few situations in which a tenant can choose to terminate the lease. A Louisiana tenant on a month-to-month lease can choose to provide notice of lease termination. The notice must be given 10 days before the current rental period has ended. A tenant can also end the lease if a landlord fails in delivering possession of the property or he does not conduct timely repairs. The tenant may choose to sue for damages due to destruction of property instead under Title 9 Section 3252. Finally, a tenant relocated because of military service can end a lease agreement by giving 30 days' notice.
Repair Responsibility
-
Repairs can be a tricky subject between landlord and tenant. Determining the rights and responsibilities of a particular repair is established in a few different ways. These responsibilities are outlined mainly in Louisiana Civil Code Section 2694. The law puts major repair responsibility on the landlord for any problems affecting the renter's safe and convenient enjoyment of the home. Additional repair responsibilities are established in the lease agreement. The tenant has the right to perform any repairs needed if the landlord does not make the repair in a timely manner after notification of the problem. A tenant is entitled to compensation immediately or may deduct the amount from his rent in this situation.
Eviction Protection and Rights
-
Eviction is a scary prospect for any renter, but there are rights and protections granted by Louisiana law that ensure a tenant is not evicted just because the landlord feels like it. A tenant receives two notices--a notice of lease termination prior to the landlord filing eviction in course, and a summons to the hearing if the tenant remains after the lease is terminated. A tenant may file for a dismissal of the eviction if one of those notices was not received.
A tenant must be evicted for cause. Louisiana eviction causes are nonpayment of rent, lease violation and holdover tenants. A holdover tenant is one who stays in the residence after the lease ends without renewing it. A tenant has the right to defend herself in court and the right to not be evicted because of discrimination or in retaliation for lawsuits or complaints against the landlord. After the judgment, but prior to a sheriff executing an eviction order, the tenant or his lawyer can file an appeal and contest the eviction case in court once again.
-
References
Comments
-
Sallie you need to keep a notebook with documented incidents. dates, times, names and what was said. This will disprove their case and will allow you to seek punitive damages. The false reports are illegal and count as fraud.
-
worth reading
