Obligations

Obligations of the Landlord Obligations of the Tenant
  • To deliver the property to the tenant at the agreed time and in good condition for its leased purpose.
  • To maintain the property in a suitable condition for the purpose for which it was leased.
  • To allow the tenant to occupy the premises undisturbed.
  • To refrain from making any alterations to the property.
  • To pay taxes, assessments, and other charges on the property.
  • To pay the rent in accordance with the lease terms.
  • To return the property in the same condition, except for normal “wear-and-tear”, as it was leased. The tenant is liable for damages to the property that exceed normal “wear-and-tear” caused by the tenants or tenant’s guests.
  • To refrain from altering the premises without first obtaining written consent from the landlord.
  • To allow the landlord to make all necessary repairs that cannot be postponed until the end of the lease.
  • To use the property for the purpose for which it was leased. Any misuse by the tenant may cause the lease to be dissolved.
  • To inform the landlord promptly when the property has been damaged or needs repair.
If the landlord sells the property during the term of the lease, the new owner may change the lease terms or evict tenants. In order to prevent this from happening, the lease must be recorded in the parish where the property is located. Failure to fulfill your obligations can expose you to serious legal and financial consequences.
 
 
 
 

Source: University of Arizona Off-Campus Housing Guide 

 

Excerpts from Louisiana Landlord/Tenant Laws

The Louisiana Equal Housing Opportunity Act prohibits discrimination in housing and related activities because of a person’s race, color, national origin, gender, religion, handicap, or familial status.

 

Housing discrimination by landlords can occur in a variety of ways, such as the following:

  • Refusing to rent housing
  • Falsely denying that a house is available for inspection or rent
  • Offering different terms, conditions, or privileges for certain people
  • Intimidating, interfering, or coercing a person to prevent him/her from leasing/renting a home or apartment
  • "Steering” tenants to or from certain areas of the complex

If you feel you have been discriminated against or want more information about equal housing, contact the Louisiana Attorney General’s Fair Housing Hotline at 800/273-5718. The Attorney General’s Office must remain neutral throughout the investigation and resolution process.

 

When the tenant breaches the lease agreement (i.e. failure to pay rent), the landlord must first deliver a written Notice to Vacate to the tenant. This notice gives the tenant five days, not counting weekends and holidays, to vacate. If the tenant is not home when the notice is given, then the notice may be posted on the door of the leased property. This has the same effect as delivering the notice to the tenant. When you signed the lease, you may have waived the five-day notice requirement. Many standard lease forms contain a waiver of notice clause. Check the lease to find out whether it contains a waiver of notice to vacate.

 

If a tenant fails to vacate within five days of notice,

  • The landlord will begin eviction proceedings by filing a petition.
  • The eviction trial will be heard three days after the tenant has been served.
  • The tenant must appear in court. The tenant may wish to have an attorney.

If the justice of the peace finds the landlord entitled to evict the tenant,

  • The tenant must vacate the property within twenty-four hours.
  • If the property is not vacated by the tenant, the court will issue a warrant commanding seizure of the leased property.

If the landlord does not follow this proper legal procedure, the tenant may be entitled to damages. If the landlord locks the tenant out of the leased property, puts the tenant’s possessions on the street or otherwise takes the law into his/her own hands, the landlord may be liable for damages for wrongful eviction. A landlord may file a separate suit to collect past due rent and may seize personal items, such as furniture and appliances, found in the property.

 

Source: Louisiana Attorney General’s Office

 

 

NOTE:  Please be sure to check our Resources section for much more information, including additional worksheets and checklists.