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Landlord-Tenant Disputes Attorneys in Lafayette, Louisiana
It is not uncommon for disagreements and disputes to arise between landlords and tenants. Such disputes may occur for various reasons, including a tenant’s failure to pay rent, a tenant’s damage to the property, or a landlord’s failure to return a security deposit or make repairs, among other issues.
Whether you are a landlord or tenant facing a dispute, you’ll need the legal assistance of a skilled attorney. Our landlord-tenant dispute attorneys in Lafayette, Louisiana, can provide you with proper guidance and reliable representation in your matter. At J. Clay LeJeune, Attorney at Law, LLC, we represent both landlords and tenants involved in residential and commercial disputes throughout the state of Louisiana, including Acadia, Iberia, St. Landry, St. Martin, and Jefferson Davis.
Our attorneys are committed to working vigorously to protect our clients.
Tenant’s Rights & Responsibilities in Louisiana
Under Louisiana law, tenants have the following rights and responsibilities:
Tenants must pay rent in compliance with the terms of their rental agreement
When moving out, the rental unit must be left in the same condition as it was when the tenant moved in (except for normal wear and tear)
Tenants can alter the premises or make modifications if they have the landlord’s approval
Tenants must use rental units as it is intended
Tenants must allow the landlord to access the rental unit when proper notice has been provided
Tenants are liable for any damages caused to the property by themselves or their visitors
Tenants are obligated to follow the terms of the lease/rental agreement
These are not the only rights and responsibilities of tenants spelled out in Louisiana law. If you want to learn more about your rights and obligations as a tenant in Louisiana, speak with our real estate attorneys at J. Clay LeJeune, Attorney at Law, LLC.
Landlord’s Rights & Responsibilities in Louisiana
Landlords have the following rights and responsibilities under Louisiana law:
Landlords must provide the rental unit in safe and good condition
Landlords must maintain the rental unit in habitable condition
Landlords must respect the tenant’s privacy and avoid entering the unit without providing proper notice
Landlords cannot modify the lease or rental agreement without notifying the tenant
According to the Louisiana Department of Justice, landlords are required to return security deposits within a month after the end of the lease as long as the tenant has fulfilled their obligations.
Disputes between tenants and landlords can arise for various reasons. Some of the most common types of landlord-tenant disputes include:
Non-payment of rent
Refusal/failure to return a security deposit
Failure to make required disclosures
Tenant causing damage to the property
Landlord’s attempts to access the rental unit without proper notice
Landlord’s failure to repair and maintain the property
When disputes between landlords and tenants arise, it is essential to understand what steps to take to protect your rights and resolve the dispute in the most efficient manner possible.
Eviction Rules in Louisiana
In Louisiana, landlords have a right to evict tenants for the following reasons:
Failure/refusal to pay rent. Non-payment of rent is a common reason for eviction. Landlords may begin the eviction proceedings if a tenant fails to meet the terms of the 5-day notice to pay.
Violation of the lease/rent agreement. If a tenant has violated the terms of the lease/rent agreement and received a 5-day notice to quit but fails to correct the issue within five days, the landlord can begin eviction proceedings.
End of the lease. If a tenant refuses to move out after the lease or rental term has expired, eviction may be the only way for a landlord to make the tenant leave the rental unit.
Although landlords have broad authority to evict tenants, Louisiana law makes it illegal for landlords to evict a tenant in retaliation.
Lease Termination Rules in Louisiana
There are specific notice requirements that landlords must follow prior to terminating a lease. Tenants with a fixed-date lease are not required to provide any notice to the landlord before terminating the lease. Louisiana law requires a five-day notice for breaking a lease with a week-to-week rent payment frequency, a 10-day notice for terminating a lease with a month-to-month rent payment frequency, and a 30-day notice to terminate a lease with a year-to-year payment frequency.
However, any of the following circumstances may warrant an early termination of the lease:
Active military duty
Violation of the lease agreement
An “early termination” clause in the agreement
Tenants may still be responsible for making rent payments for the rest of the lease term, even in the case of early termination.
Remedies in Landlord-Tenant Disputes
Depending on the complexity of the matter, landlord-tenant disputes may be resolved through:
Negotiation. In some cases, landlords and tenants may be able to negotiate a mutually acceptable agreement outside of court.
Mediation. Mediation is an alternative dispute resolution method in which a landlord and tenant work toward resolving the dispute with the help of a neutral, third-party mediator.
Arbitration. A landlord and tenant may arbitrate their dispute. Arbitrators have the power to render a binding decision for the parties to a dispute.
Litigation. When alternative dispute resolution methods do not work or are otherwise not pursued by a landlord and tenant, litigation may be the only option to resolve the dispute.
If you want to explore your options for resolving a landlord-tenant dispute, consider contacting an experienced attorney to review your unique case. Our landlord-tenant dispute attorneys in Lafayette, Louisiana, are committed to working vigorously to protect our clients through alternative dispute resolution methods or litigation.
Landlord-Tenant Disputes Attorneys in Lafayette, Louisiana
If you cannot resolve a dispute with your landlord or tenant, rely on comprehensive legal guidance from a knowledgeable attorney. Our landlord-tenant dispute attorneys at J. Clay LeJeune, Attorney at Law, LLC, proudly serve landlords and tenants in Lafayette, Louisiana, and neighboring areas. Schedule a consultation today to discuss your situation and understand your options for resolving a landlord-tenant dispute.