Landlords are a special group of people who own land and manage that land, both in commercial and residential real estate. They put the property out on the market and generate income as a business model. There can be great success as a landlord, but one sour experience can send even good landlords into financial ruin. In cases like evictions and lease disputes or any other landlord legal action, it is important to talk to a New Orleans landlord law attorney about your legal options moving forward.
Landlords have certain rights and obligations under Louisiana law. Louisiana Civil Code Title 9 outlines the rules of lease. Specifically Chapter 3, code articles §2682 lays out the lessor’s (landlord) principal obligations and §2683 for the tenant.
In short the landlord needs to delivery the property to the tenant, maintain the property or building in a condition suitable for the purpose of which it was leased and protect the tenants peaceful possession of the property for the duration of the lease. Note that the maintenance provision can be contracted around, along with other provisions.
If there are lease or payment disputes, the landlord is armed with the ever-so-powerful “Lessor’s Privilege” as codified by La. CC Art §2702 et seq. If the lessee or tenant owes the landlord money at the end of the lease, the landlord has a right over the tenants personal property located in the property. The landlord can order the Sheriff to seize the property and sell it at auction in order to collect on money owed.
This seizure process is very tedious and must be followed closely or it could risk being deemed improper. A seasoned New Orleans landlord law attorney at the Smiley Law Firm know how to handle this process to ensure that the landlord recovers what is owed.
At Smiley Law Firm, we can advise landlords as to their rights and responsibilities in managing and leasing their properties, both in commercial and residential real estate.