Louisiana Residential Landlord-Tenant Law Gregory L. Landry Senior Attorney Acadiana Legal Service Corporation Thursday, March 9, 2006

Presentation Topics: Parties’ Rights and Obligations Property Damage Evictions

The Lease Contract Contract between two parties Both must abide by lease terms Recordation Reconduction

Landlord’s Rights Receipt of Rent Dictate Terms of Lease Tenant’s Compliance with Lease Terms

Landlord’s Rights Rent or Possession, not Both Can’t accept rent and take possession Can accelerate remaining rent due Can get money judgment in an ordinary proceeding Limited to actual damages

Landlord’s Obligations Give Up Possession Make Certain Repairs Cure “Vices and Defects” Abide by Other Lease Terms

Tenant’s Rights Use of the Property Maintenance Peaceable Possession Terminate Lease Other Rights Granted by Lease

Tenant’s Obligations Pay the Rent Act as Prudent Administrator Use for Leased Purpose Abide by other Lease Terms

Repairs and Maintenance Owner’s Obligations Tenant’s Obligations Destruction/Impairment of the Property

Repair and Deduct Repair lessor obligated to make Tenant demands repair Landlord refuses, so Tenant repairs Demand payment or deduct cost from rent due Proof repair was necessary, reasonable price paid

Destruction of the Property Total Lease is over Neither party owes the other Partial Lessee can reduce rent or end the lease If lessor at fault, lessee gets damages If “external” cause, dissolution only remedy

Parties’ Rights and Obligations Questions?

Residential Evictions Information Gathering Legal Analysis Foster Negotiations Pleadings Administrative and Trial Issues

Information - Documents Lease, Addenda, House Rules Receipts Violation/Termination Notice(s) Notice(s) to Vacate Correspondence Pleadings

What does the plaintiff want? Possession – summary eviction rule Money for rent or damages – ordinary suit Order repairs made – no jurisdiction Ownership – no jurisdiction Dispute between spouses – no jurisdiction

Choice of Forum Justice of the Peace City Court Parish Court District Court Bankruptcy Court

Legal Analysis Determine type of housing Find applicable statutes/regulations/rules Do notices and procedures follow these? Review for compliance with State laws

Negotiations Have landlord and tenant LISTENED to each other? Explain delays and results of eviction What does lessor want to let tenant stay? What can tenant give lessor? Be aware of need to “save face”

Eviction Process Termination of Lease Possible grievance process Notice to Vacate Petition/Rule for Eviction Citation Answer (if Petition) Trial, Judgment, Notice New Trials, Writs, Appeals Execution

Tenant Pleadings Discovery Motions Answer May include exceptions Affirmative defense Tenant’s suit for damages Bankruptcy stay

Landlord’s Burden of Proof Must prove with competent evidence: Right of action Existence of lease (oral or written) Facts causing termination of lease Delivery of a valid notice to vacate Tenant is still in possession

Appeals Two kinds Devolutive Suspensive – new trial Requirements (Suspensive) Answer Defense Bond

Keys to Handling Residential Evictions Questions?

Research Materials Reference books Internet sites Statutory provisions

Louisiana Residential Landlord-Tenant Law Gregory L. Landry Senior Attorney Acadiana Legal Service Corporation Thursday, March 9, 2006