Posts Tagged ‘ Louisiana Landlords ’

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
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Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
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Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Louisiana

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Deadline for Returning Security Deposit: One month
  • Permitted Uses of the Deposit:
    • To remedy a default of the tenant;
    • To remedy unreasonable wear to the premises.
  • Require Written Description/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If landlord fails to return deposit tenant may sue to recover actual damages or $200, whichever is greater.

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease, otherwise, rent is due at the beginning of each rent-paying interval.
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: Only if stated in the rental lease
  • Prepaid Rent: No statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute
  • Tenant Allowed to Repair and Deduct Rent: Yes, tenant may make necessary and reasonable repairs and deduct the costs of the repairs from the rent if landlord fails to make the repairs within a reasonable time after demand by tenant.
  • Landlord Allowed to Recover Court and Attorney Fees: In a lawsuit over landlord’s failure to comply with deposit return requirements, the court may choose to award attorney fees to the prevailing party. For oral leases only, in a lawsuit for unpaid rent, tenant is liable for reasonable attorney fees when judgment is made in landlord’s favor.
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent:
    Statute does not reference a requirement to attempt to rerent, however, if tenant has been evicted, or if the premises are rendered uninhabitable through no fault of the tenant, the landlord shall be required to mitigate damages. (§3260)
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply ends, unless the lease is extended by fact of the tenant remaining in the premises for longer than a week past the end of the lease without notice to vacate or terminate. If that happens, the lease is extended to month-to-month for leases whose term is a month or longer.
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 30-day written notice before the end of the year
  • Notice to Terminate Tenancy – Month-to-Month Lease: 10-day written notice before the end of the month
  • Notice to Terminate Tenancy – Week-to-Week Lease: 5-day written notice before the end of the week
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: No statute
  • Notice of Termination of All Other Leases for Nonpayment: 5-day written notice
  • Termination for Lease Violation: 5-day written notice
  • Required Notice before Entry: No statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute
  • Entry Allowed with Notice for Showings: No statute
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No, if the landlord locks tenant out, puts tenant’s possessions on the street or otherwise takes the law into his or her own hands, the landlord may be liable for damages for wrongful eviction.
  • Utility Shut-offs Allowed: No

Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute
  • Copy of the Lease: No statute
  • Domestic Violence Situations:
    • Protection from Termination: A local housing authority may not terminate a tenancy for reasons of domestic abuse, dating violence, or family violence against a tenant, but may terminate the tenancy of or any other assistance provided to the perpetrator of such abuse or violence.
  • Landlord’s Duties: 
    • Possession: Deliver possession of the premises to the tenant;
    • Maintenance: Maintain the premises in a habitable condition;
    • Quiet Enjoyment: Protect the lessee’s peaceful possession for the duration of the lease.
    • Repairs: Make all repairs necessary to maintain the premises in a habitable condition, except those for which the tenant is responsible.
  • Tenant’s Duties: 
    • Rent: Pay the rent in accordance with the agreed terms;
    • Prudent Use: Use the premises in accordance with the purpose for which it was leased;
    • Trash: Return the premises at the end of the lease in a condition that is the same as it was when possession was delivered, except for normal wear and tear.
    • Notification of Damage: Tenant is obligated to notify landlord if the premises have been damaged or requires repair, or if tenant’s possession has been disturbed by a third party.
    • Alterations Prohibited: Tenant may not make any alterations to the premises.
    • Repairs: Repair damage caused by tenant or anyone on the premises with tenant’s consent, or by tenant’s use of the premises that exceeds the normal wear and tear.
  • Retaliation: No statute
  • Lead Disclosure:  Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with a information oackage on lead-based paint hazards.

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