The rent shall be fixed by the parties in a sum either certain or determinable through a method agreed by them. It may also be fixed by a third person designated by them.
If the agreed method proves unworkable or the designated third person is unwilling or unable to fix the rent, then there is no lease.
If the rent has been established and thereafter is subject to redetermination either by a designated third person or through a method agreed to by the parties, but the third person is unwilling or unable to fix the rent or the agreed method proves unworkable, the court may either fix the rent or provide a similar method in accordance with the intent of the parties.
Louisiana Apartment Collections
Apartment leases inside Louisiana are governed by Louisiana Civil Code Sections 2676, 2703, 2704, 2720, 2728, Louisiana Equal Housing Opportunity Act, Fair Debt Collection Practices Act (FDCPA) if being collected by a third party debt collector. This property code lays out the rights and obligations of the tenant and landlord a residential lease situation and apartment collections.
When you hire our law firm we:
- Interview you about what happened and what your expectations are for the resolution of the account.
- If needed, we will send a dispute letter to the debt collector and or apartment complex.
- We will evaluate any documentation that is returned.
- A recommendation will be given to you to which may be the best course of action
- We will then help you act upon that recommendation. If an eviction judgment was issued we will work to release that judgment as well in our negotiation.
Why hire us to help you with a Louisiana apartment collections?
- A demand letter from an attorney may carry more weight than a demand letter sent yourself.
- The demand letter will be crafted to take advantage of existing state and federal law in an attempt to put you in the best position possible.
- Traceable proof of delivery of our demand letter.
- We followup with the demand letter to make sure the intended party receives it.
- We help you resolve the apartment debt collections.
- We can file a lawsuit to correct erroneous information if needed.
Louisiana Tenant’s Rights
| Statutes | |
|---|---|
| Security Deposits |
|
| Paying Rent |
|
| Living Conditions |
|
| Discrimination |
|
| Ending or Renewing a Tenancy |
|
| Retaliation |
|
Continue Reading
Sued by XXXX?
Why did XXXX file a lawsuit against me?
XXXX sues consumers that default on balances that they lent. They want their money back. They are counting on the fact that you will not respond or show up to court. If you do not then they may take a Default Judgment against you. In Louisiana, a judgment can be aggressively collected for ten (10) years and even longer if they keep renewing the judgment. This gives XXXX a long time in which to come after you. Many consumers think that a judgment is just a worthless piece of paper. They think that they can not be forced to pay a judgment in Louisiana,. They are wrong.
What are my options when being sued by XXXX?
If you have been sued then you need to answer the lawsuit. Participants in the system often have a better outcome than those that do nothing. Some of the options that you have are to:
- Attempt to Negotiate a settlement with XXXX before the answer is due. Many consumers recognize they may owe a debt and choose to attempt to settle the debt before an answer is due to the court. XXXX is often receptive to a quick settlement rather than spending more time and money in a lawsuit. Even if they can provide some of the documentation to the court, there is always a chance they could lose.
- Answer the Lawsuit filed by XXXX. Even if a consumer thinks they owe a debt it is still up to XXXX to prove that they own the debt, have the right to file suit, and have enough documentation to prove a debt is owed. They may not be able to successfully produce all required documentation when challenged.
- Do nothing. Many people decide to do nothing for lack of funds or fear of what can happen. XXXX may take a Judgment against them and then ultimately have their bank accounts frozen (Bank Garnishment). Judgments in Louisiana are good for 10 years initially and they carry a minimum interest of 10%. The amount of an unresolved judgment can significantly increase over time.
- Seek bankruptcy protection. Our law firm does help clients file bankruptcy. If you are interested in seeing if bankruptcy is right for you visit our site Louisiana Bankruptcy Attorney
The best time to take care of a lawsuit is NOW. It can potentially get more costly and worse.
Cost to Resolve XXXX Lawsuit
Under $2K Face Value
- 3 Payments Allowed
$2k to $5k Face Value
- 4 Payments Allowed
$5k to $8k Face Value
- 5 Payments Allowed
$8k to $11k Face Value
- 6 Payments Allowed
$11k to $20k Face Value
- 8 Payments Allowed
$20k+ Face Value
- Payment Plan Allowed
What happens if I do not answer the lawsuit?
Many choose not to answer a XXXX lawsuit. In that case, a defendant (you) can expect to:
- Possibly lose the court case.
- Receive a default judgment In Louisiana judgments automatically are good for 10 years. They can renew the judgment and it can stay in public records for a long time. A judgment can prevent you from purchasing homes and cars and an employer may deny employment. Judgments do keep increasing in value. They carry a state minimum interest rate that judgment creditors often calculate.
- Garnish bank accounts A judgment creditor may be able to garnish your bank account and take the money you do keep in it. Many are forced into closing their bank accounts and converting all payments to cash.
- Possibly be denied loans and employment A judgment can prevent you from purchasing homes and cars and an employer may deny employment.
