Explanation of the Louisiana Residential Landlord and Tenant Act
The Louisiana Residential Landlord and Tenant Act relies on the structure of a lease for legal guidance in many instances.
There are very few specific statutes that guide this business relationship, especially when compared to what other states require.
Here is a brief of explanation of the guidelines that are in place.
1. A 5 Day Notice Is Required To Start Eviction Proceedings.
Any lease violation qualifies for the 5 Day Notice of Termination under Louisiana law.This includes the nonpayment of rent.
To terminate a tenancy that is expiring, landlords must provide a 30 day notice for a lease with no end date or a 10 day written notice for tenants on a month-to-month rental agreement.
2. There Are No Rules In Place For Landlord Entry.
A best practice is to only enter during reasonable business hours with at least 24 hours of notice being given.
Tenants do have the right to the quiet enjoyment and possession of the rental unit, however, so they may be able to take legal action against a landlord who is consistently entering a property without notice.
3. No Self-Evictions Are Allowed.
Landlords who lock a tenant out or place a tenant's possessions on the street in an effort to make someone move may be liable for damages due to a wrongful eviction.
A tenant can only be removed from a rental unit by a court order. Utility shut-offs are not allowed if the tenant is current.
4. Tenants Have The Right To Repair And Deduct.
If a landlord has been notified of a repair issue that involves essential services and that repair is not made, then a tenant is permitted to make the repair.
Once they do, they are allowed to deduct that amount of the actual repair cost from the rent or demand immediate reimbursement in some other means.
There is no time deadline on this statute – only a “reasonable” amount of time must be given to a landlord so they can make the needed repair.
This brief explanation of the Louisiana Residential Landlord and Tenant Act is intended to serve as an informal guide only.
For legal assistance, contact an attorney knowledgeable in these matters and always perform your own due diligence on the current laws of the state before taking action.
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