Landlords can go broke if they are not careful to obey the law. While it seems like owning or managing land with commercial or residential real estate should be a path to riches almost on autopilot, there are many things that can go wrong between landlords and tenants. Here at Smiley Law Group we want to make sure that Louisiana landlords have complete information regarding their rights and what they can do to protect themselves in landlord tenant disputes.
The Louisiana Civil Code, Title 9 provide the rights and obligations the Landlord enjoys in any agreement with a tenant. Chapter 3 article 2682 also provide the principal duties and responsibilities the law expects from the landlord. Section 2683 provides the tenant’s duties and responsibilities.
Basically, landlords are obligated to:
- Deliver the property to the tenant.
- Maintain the property and premises in a condition suitable the purpose it was lease for (ex/residential rentals must be habitable).
- Protect the tenants peaceful enjoyment and position of the property during the lease period.
When faced with non-payment by a tenant, the landlord actually has some pretty strong rights. The “Lessor’s Privilege (La. CC Art Section 2702) provides the landlord with the right to seize a tenant’s personal property. If the tenant failed to pay the money due at the end of the lease, the landlord can have the Sheriff seize the property and sell it at an auction to pay the money owed to the landlord. This sounds great, but it is a complicated process.
The Landlord can also evict the tenant for any violations of the tenant agreement that are not cured within a certain time period. Specific statutory requirements, deadlines and other details make it hard for landlords to handle evictions without the help of an experienced Louisiana real estate lawyer. Also, remember that the lease is the law between the parties, so the lease will prevail and where it is silent, you look at the statutes.
Evictions are governed by the Louisiana Code of Civil procedure Title 11 Articles 4701. Evictions are complicated regardless of the type real estate the landlord is working with. Getting tenants out of a property they do not want to leave makes this process very complex. The seizure process is also very tedious and must be followed closely or it could risk being deemed improper.
At Smiley Law Group, we can advise landlords as to their rights and responsibilities in managing and leasing their properties, both in commercial and residential real estate. Click here to fill out a free case evaluation form and get the compensation you deserve.