Legal Question in Civil Litigation in Louisiana

we rented a home 7 days ago. The first day we moved in the house was not in working order. There was no carpet, or flooring. the toilets leaked into the floor, 1 bathroom totally not useable, there was so much rat and roach feces it was incrediable ! there is also mold and where they painted over it the ceiling is falling in and there are major electrical problems.The 2nd day we were here i sent a certified letter to the owner, it came back to me so on the fourth day i resent the letter. no response from the landlord, so i stopped payment on the check. We are moving out as we speak. the owner has stated he is trying to prosecute us for the check we stopped payment on and have us prosecuted for fraud ! What do we do? I cant afford an attorney and move my family. we have 5 children. I have my paperwork from the bank where i stopped payment.please help !


Asked on 5/10/10, 8:30 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

The landlord has a duty to deliver the home in a habitable condition. If the home is not habitable, the lease has been broken by the landlord and you have no duty to honor your end of the lease. The problem you may have is that you would have to prove that the home was not habitable (instead of just needing a few repairs or renovations). Nevertheless, as far as the check goes, you have at least a colorable argument for cancelling the check, so I think you have a defense to a suit on the check. I doubt the DA would even accept a case for fraud, but you could present your case there too, if the DA does.

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Answered on 5/19/10, 11:12 am


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