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Renter's Rights & Guidance

Evictions suspended in New Orleans due to court closures

https://thelensnola.org/2021/09/02/evictions-suspended-in-new-orleans-due-to-court-closures/

This information is provided by Southeast Louisiana Legal Services. Read the full article here.

The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and can apply by calling our Disaster Legal Assistance Hotline at 1-844-244-7871 or applying online here.

Today is September 1. Do I owe rent if I am displaced from my home due to the hurricane? Am I entitled to a rent reduction if my house was damaged or is unlivable because of the hurricane?

Unfortunately, yes, you likely still owe rent. When you cannot use your home because of an “Act of God” or other event outside of your control like a hurricane, you may be able to get out of your lease (see below), but you cannot get a reduction of rent. See Louisiana Civil Code article 2715: “If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent.” 

Is my landlord allowed to evict me without going to court due to hurricane damage?

No. Your landlord must go to court to evict you, and cannot force you to leave for any reason without an eviction judgment from the judge.

HOWEVER, if your landlord thinks that you have “abandoned” the premises, they can take possession of your house, remove your belongings, and change the locks without taking you to court. So it is very important that if you are evacuated you let your landlord know that you are evacuated and have not abandoned the premises. The best way to do this is in writing via text message or email so you can prove you notified them. If your landlord tries to call you, you should pick up the phone and let them know where you are. At least one court after Katrina ruled that a landlord who could not locate their tenant or reach them by phone after the storm did not violate the law by removing the tenant’s belongings.

What if my landlord will not make necessary repairs to fix hurricane damage?

You should notify your landlord immediately in writing (text or email is fine) of any storm-related damage that needs to be repaired. You should also take and send pictures if you can.

Your landlord has a legal obligation to make necessary repairs to keep your home liveable under Louisiana Civil Code art. 2691, unless your lease says you are responsible. Some repair delays may be outside your landlord’s control because contractors may be booked and unavailable for a period of time. If your landlord refuses to make repairs that they have the power to make to keep your home liveable, you have three possible options:

  1. Get out of your lease early (See La Civ. Code 2013 or 2015)
  2. Repair and deduct (See La. Civ. Code art. 2694)
  3. Sue for damages (you will likely need a private attorney as legal aid cannot assist with this)

To “repair and deduct’ you must give your landlord written notice of the need for necessary repairs. If your landlord fails to make the necessary repairs in a reasonable amount of time, you can make the repairs yourself or hire someone to. Then, save the receipt and deduct it from your next month’s rent. Be sure to pay on time with a money order and attach a copy of the receipt. If your landlord refuses to accept the payment, keep the money order to show the judge if your landlord tries to evict you. If you do this correctly, your landlord should not be able to evict you for nonpayment of rent.

In some circumstances you may be entitled to a reduction of rent if your use of a home is “substantially impaired” by your landlord’s failure to make necessary repairs. See La. Civ. Code art. 2715. At least one court has said you must either come to an agreement with your landlord about the amount of reduction or sue in court for a reduction.

Is my landlord allowed to ask me to leave so that they can make repairs?

Yes, your landlord is allowed to displace you from your home if repairs cannot wait until the end of your lease. Louisiana Civil Code 2693 says:

If during the lease the thing requires a repair that cannot be postponed until the end of the lease, the lessor has the right to make that repair even if this causes the lessee to suffer inconvenience or loss of use of the thing.

In such a case, the lessee may obtain a reduction or abatement of the rent, or a dissolution of the lease, depending on all of the circumstances, including each party's fault or responsibility for the repair, the length of the repair period, and the extent of the loss of use.

The landlord is not required to put you up in a hotel or pay for alternate accommodations if you are displaced temporarily due to necessary repairs. You can argue under this code article that you should not owe rent for the period of time you are displaced, or at least that you are owed a reduced rent.*

*Check your lease, because if your lease says something different than the law, your lease will control here. 

What if my lease is expired or I am month-to- month?

If your lease is expired it automatically renews as a month-to-month lease under Louisiana law, except if your lease says something different. Unless you live in certain types of government-funded housing, like Low Income Housing Tax Credit housing or public housing, your landlord does not need a reason to evict you at the end of your lease. They can evict you with 10 days’ written notice at the end of a month-to-month lease, or 30 days’ written notice at the end of a year lease (unless your lease says more notice is required). This does not mean your landlord can just put you out.  Your landlord still has to file an eviction in court if you do not move and cannot physically put you out without an eviction judgment and a “warrant for possession” from a court. Click here for more information about the Louisiana eviction process.

Is my landlord allowed to evict me due to hurricane damage?

If your home is totally destroyed, your landlord may be allowed to take you to court to evict you once courts reopen. Under Louisiana Civil Code article 2714: “If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other.”*

If your home is only partially destroyed, for example there is a leak or broken window but it is still liveable, or if it is just temporarily unlivable because of the lack of electricity, your landlord does not have a legal right to evict you. Under Louisiana Civil Code 2715: “If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease.” In other words, YOU have a right to consider your lease dissolved or terminated, but the law does not give your landlord that option.*

*Check your lease, because if your lease says something different than the law your lease will control here. Some leases have a “force majeure” clause that explains what happens when there is a hurricane or other natural disaster.

What should I do if my landlord tries to wrongfully evict me?

A wrongful eviction is where your landlord changes the locks, cuts off your utilities, or removes your possessions from the property without going through the legal (court) eviction process. 

If your landlord is at your home threatening to, or is in the process of wrongfully evicting you and you feel comfortable doing so, you can call law enforcement and they should stop your landlord. You know your local law enforcement better than we do, and know whether this is a safe and wise option for you.

If you are in New Orleans you may be able to obtain assistance from the New Orleans Renter’s Rights Assembly’s emergency hotline at (504) 539-4504. (Please note that most groups have limited capacity at this time due to lack of power and evacuations).

Depending on your income you may be able to access free legal assistance. 

  • Southeast Louisiana (Southeast Louisiana Legal Services) - (504) 529-1000 x. 223 or slls.org (press 1 before the extension if you do not get through- messages can be left in any language).
  • Northern and western Louisiana (Acadiana Legal Services Corporation) -  (800)-256-1175 or la-law.org

Am I allowed to break my lease if my home is unlivable due to the hurricane?

If your home is not liveable due to the hurricane, you may be entitled to get out of your lease early.

Under Louisiana Civil Code 2715: “If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease...” The impairment must be “substantial.”

If you plan to terminate your lease early, you should notify your landlord in writing. Be sure to turn in the key or notify your landlord in writing where you left it. Take good pictures of the unit and document in writing why it was unliveable. If your landlord sues you later for breaking your lease, or reports a debt on your credit, contact a lawyer.

How do I get my security deposit back if I move out?

Once your lease has ended and you have completely vacated the unit your landlord has 30 days to either return your deposit or provide something in writing to you explaining why they are keeping it. If your unit was destroyed because of a hurricane or other Act of God you are able to get your deposit back. Your landlord can still deduct amounts from the security deposit for damage caused by you or your guests or for fees or rent that are still owed. When you move out you should take pictures of the unit. You should also try and document that you returned the keys (text message or email is acceptable). You need to provide your landlord with a forwarding address (it does not have to be your actual address, just a place you can receive mail). After the 30 day period you can sue your landlord in small claims court for your deposit. You should also send your landlord a written demand letter as soon as you move out asking for the deposit back. If your landlord does not respond to your written demand within 30 days of receiving the letter, you may be entitled to three times your deposit amount. You can find more information about the security deposit process here.

What should I do if I had a pre-existing eviction court date this week?

First and Second City Court in New Orleans are closed due to lack of power until at least September 19, 2021. Certain Jefferson Parish courts are closed due to lack of power until at least September 6, 2021. This may get extended depending on when power is restored. Other parishes that do not have power likely do not have open courts. You can check the Supreme Court website or your local court’s website for updates. Due to lack of power some websites may not be immediately updated.

Can I access a lawyer?

Depending on your income you may be able to access free legal assistance. 

  • Southeast Louisiana (Southeast Louisiana Legal Services) - (504) 529-1000 x. 223 or slls.org (press 1 before the extension if you do not get through- messages can be left in any language).
  • Northern and western Louisiana (Acadiana Legal Services Corporation) -  (800)-256-1175 or la-law.org

Please note that as of 9/1/2021 all Southeast Louisiana Legal Services offices are currently closed due to lack of electricity.

Where can I find other resources on Louisiana landlord-tenant law?

You can get information on a variety of legal issues at https://louisianalawhelp.org/issues/housing

*Nothing in this post should be construed as legal advice. Another attorney may disagree with our analysis.