{"id":9968,"date":"2021-09-01T15:55:34","date_gmt":"2021-09-01T20:55:34","guid":{"rendered":"https:\/\/slls.org\/?p=9968"},"modified":"2021-10-10T16:56:59","modified_gmt":"2021-10-10T21:56:59","slug":"hurricane-ida-faq-for-renters-in-louisiana","status":"publish","type":"post","link":"https:\/\/slls.org\/en\/hurricane-ida-faq-for-renters-in-louisiana\/","title":{"rendered":"Hurricane Ida FAQ for Renters in Louisiana*"},"content":{"rendered":"
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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. <\/em>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<\/a><\/strong> or applying online here<\/a>.<\/span><\/strong><\/h6>\n
Updated on: September 7, 2021<\/h6>\n

Today is September 1. Do I owe rent if I am out of my home due to the hurricane? Am I entitled to pay less rent if my house was damaged or is unlivable because of the hurricane?<\/strong><\/p>\n

Unfortunately, yes, you likely still owe rent. The law treats a hurricane as an \u201cAct of God.\u201d When you cannot use your home because of an Act of God, you may be able to get out of your lease (see below). But you cannot pay less rent. See Louisiana Civil Code article 2715: \u201cIf 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.\u201d However, there are some possible exceptions:<\/p>\n

As will be explained further down, if you are displaced from your home temporarily so your\u00a0landlord<\/span>\u00a0can make repairs, you may be entitled to a reduction of rent during your displacement under Louisiana Civil Code article 2693.<\/p>\n

If your use of your home is “substantially impaired” based, in part, on your\u00a0landlord<\/span>‘s failure to make repairs or conduct maintenance- i.e. something in your\u00a0landlord<\/span>‘s control- you may be owed a reduction in rent under Louisiana Civil Code article 2715. At least one court has said that you can’t decide this on your own, but instead you have to get court approval and\/or come to an agreement with your\u00a0landlord<\/span>.<\/p>\n

Louisiana Revised Statute 9:3260 states that your\u00a0landlord<\/span>\u00a0must mitigate your damages (i.e. try to reduce the financial harm you experience) when you are constructively evicted or the unit becomes uninhabitable through no fault of the tenant. Constructive eviction is when you are forced to move from your home without being ordered to by a judge. The law does not define what the\u00a0landlord<\/span>\u00a0must do to mitigate your damages, and courts have not said.<\/p>\n

Can my landlord evict me without going to court<\/em> due to hurricane damage?<\/strong><\/p>\n

No. Your landlord must go to court to evict you. He or she should not force you to leave without an eviction order from the judge.<\/p>\n

If you are evacuated you should let your landlord know that you are temporarily out of town due to the storm and have not abandoned the premises or moved out permanently. 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. The law only allows a landlord to take possession of a unit without going to court if the property is abandoned. Typically this means that the property is empty of furnishings, no one appears to be living there for an extended period of time, and the keys are left or returned. See La. Code Civ. P. art. 4731(B). However after Katrina some landlords took advantage of this provision to claim that their tenant had “abandoned” the premises when they were just evacuated and illegally removed their belongings. So it is important to protect yourself by putting your landlord on written notice that you have not moved out and plan to return.<\/p>\n

Your landlord may be liable for damages if they evict you without going through the court process.<\/p>\n

What if my landlord will not repair hurricane damage?<\/strong><\/p>\n

\u00a0<\/strong>Tell your landlord in writing immediately of any storm damage that needs to be repaired. Text or email is fine to use for this. You should also take and send pictures if you can.<\/p>\n

Your landlord is required to keep your home livable under Louisiana Civil Code art. 2691, unless your lease says you are the one who must make repairs. Contractors may be booked and unavailable for a while. This is not your landlord\u2019s fault. But your landlord won\u2019t make repairs that they can make to keep your home livable, you have three options:<\/p>\n

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

    To \u201crepair and deduct” you must write your landlord as to what repairs are needed. If your landlord does not make needed repairs in a reasonable time, you can make repairs yourself or hire someone to make them. Then, save the receipt and deduct it from your next month\u2019s rent. Be sure to pay rent on time with a money order and attach a copy<\/em><\/strong> of the receipt. If your landlord won\u2019t accept what you pay, keep the money order to show the judge in case your landlord tries to evict you. If you do these steps right, the judge should not let your landlord evict you for nonpayment of rent.<\/p>\n

    If the damage to your home is caused by a pre-storm issue with the property rather than an Act of God, you may be entitled to a reduced rent if use of your home is \u201csubstantially impaired.\u201d See La. Civ. Code art. 2715. At least one court has said you cannot decide the amount to reduce the rent on your own. Instead you must either reach an agreement with your landlord about the amount or sue in court for a reduction.<\/p>\n

    Can my landlord ask me to leave so they can make repairs?<\/strong><\/p>\n

    \u00a0<\/strong>Yes, your landlord can make you move if repairs cannot wait until the end of your lease. Louisiana Civil Code 2693 says:<\/p>\n

    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.<\/p>\n

    When this happens, you might be entitled to pay less rent, or to end your lease, depending on all of the facts, including each party’s fault or responsibility for the repair, how long the repair takes, and how much less the home can be used.<\/p>\n

    The landlord does not have to put you up in a hotel or pay for you to live somewhere else if you are out for a while for needed repairs. You can argue that you should not owe rent for the time you are out, or at least that you should owe less rent.*<\/p>\n

    *But if your lease says something different, your lease controls.<\/p>\n

    What if my lease is expired or I am month-to-month?<\/strong><\/p>\n

    \u00a0<\/strong>If your lease is expired it becomes a month-to-month lease under Louisiana law, unless your lease says something different. Unless you live in certain 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 after written notice 10 days\u2019 before the end of a month-to-month lease. They can eviction \u00a0after written notice 30 days before the end of a year lease (unless the lease requires more notice). This does not mean your landlord can just put you out.\u00a0Your landlord still has to file an eviction in court if you do not move. He or she cannot put you out without an eviction judgment and a \u201cwarrant for possession\u201d from a court. Click here for more information about the Louisiana eviction process<\/a>.<\/span><\/p>\n

    Is my landlord allowed to evict me due to hurricane damage?<\/strong><\/p>\n

    If your home is totally destroyed, your landlord can evict you in court after courts reopen. Under Louisiana Civil Code article 2714: \u201cIf 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.\u201d*<\/p>\n

    Sometimes a home is only partially destroyed, like from a leak or broken window but it is still liveable. Sometimes a home is temporarily unlivable like for lack of electricity. For partial or temporary cases, your landlord cannot legally evict you. Under Louisiana Civil Code 2715: \u201cIf 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.\u201d In other words, YOU have a right to end your lease, but the landlord cannot end it.*<\/p>\n

    *Check your lease, because if your lease says something different than the law your lease will control here. Some leases have a \u201cforce majeure\u201d clause that says what happens for a hurricane or other disaster.<\/p>\n

    What should I do if my landlord tries to wrongfully evict me?<\/strong><\/p>\n

    A wrongful eviction is where your landlord changes the locks, cuts off your utilities, or removes your things from the property without going through court.<\/p>\n

    If your landlord is at your home threatening to, or is 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 safe and wise for you.<\/p>\n

    If you are in New Orleans you may be able to obtain assistance from the New Orleans Renter\u2019s Rights Assembly\u2019s emergency hotline at (504) 539-4504. (Please note that most groups have limited capacity now due to lack of power and evacuations).<\/p>\n

    If your income is low you may be able to access free legal assistance.<\/p>\n