Louisiana Civil Code Tit. IX, Art. 2720

A lease with a fixed term terminates upon the expiration of that term, without need of notice, unless the lease is reconducted or extended as provided in the following Articles.

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.

Cost

We offer competitive, flat fee pricing. We offer discounts when handling more than one issue for a client and allow monthly payment plans. Most apartment collections are handled for $350.00 to $500.00 each depending on debt collector and how many eviction judgments.

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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.

Apartment Debt Collectors

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Louisiana Tenant’s Rights

Statutes
Security Deposits
  • A landlord can collect what ever amount they deem appropriate for a security deposit
  • A security deposit must be returned (minus any offsets) within one month of the end of the lease
Paying Rent
  • The amount of rent should be the same month to month in the lease, unless otherwise agreed
  • Rent is due at the agreed upon due date. Usually at the first of the month
  • Louisiana does not have any laws requiring landlords to give a specified amount of notice before raising rent
Living Conditions
  • Landlord is obligated to maintain property in suitable condition for the purpose for which it was leased
  • If landlord refuses to make certain repairs, Louisiana tenants can terminate lease, or “deduct and repair” for necessary repairs
  • Louisiana law does not regulate landlord entry or notice to enter.
Discrimination
Ending or Renewing a Tenancy
  • A landlord can end the lease upon nonpayment by tenant. Eviction proceedings can begin
  • A lease for a fixed term terminates at the end of that term, with no need of notice by either party
  • A month-to-month lease can be terminated by landlord or tenant with notice 10 days before the end of that month
  • A lease for a term less than a month but more than a week can be terminated by giving notice at least 5 calendar days before the end of the period
  • A lease term that is less than a week can be terminated at any time prior to the expiration of that period
Retaliation
  • Louisiana does not have a statute prohibiting landlords from retaliating against tenants for exercising legal rights

Continue Reading

Louisiana Civil Code Tit. IX, Art. 2728

June 23, 2018

Louisiana Civil Code Tit. IX, Art. 2704. Nonpayment of rent

June 23, 2018

Louisiana Civil Code Tit. IX, Art. 2703. When and where rent is due

June 23, 2018

Sued by XXXX?

  • Put our knowledge and experience to work for you

  • Let our attorneys guide you to a better outcome

  • We work hard for you

  • You may not have to settle with a Bill of Review / Vacate of Judgment

  • No Hourly Fees. Easy Payment Plans.

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

$50000
  • 3 Payments Allowed
Hire us Now

$2k to $5k Face Value

$65000
  • 4 Payments Allowed
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$5k to $8k Face Value

$95000
  • 5 Payments Allowed
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$8k to $11k Face Value

$1,25000
  • 6 Payments Allowed
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$11k to $20k Face Value

$1,50000
  • 8 Payments Allowed
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$20k+ Face Value

$2,00000+
  • Payment Plan Allowed
Hire us Now

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.

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