Legal Question in Landlord & Tenant Law in Louisiana

Lease Purchase eviction for no insurance and hurricane damage

Lease / Purchase Agreement

Yesterday my land lord told me I had not been taking care of the house and he said I was going to be evicted in 5 days.

I am buying this house lease / purchase over 10 year period 500 month. I paid 2 grand down moved in and have not been behind on the rent. My land lord is mostly recently upset due to hurricane damage on this house and for me not having insurance to cover the damage to house. I tried to get it but no one will insure me because I do not own the house.

He is probably going to shut the lights and water off soon. The damage is extensive from the hurricane, ceiling caved in and bugs everything is getting inside. I attempted to fix it I spent money and bought some plastic and nails to cover the hole in roof / ceiling. He has not returned to talk or fix anything.

He did come take ac unit window and fan out of here too. I have girlfriend and 4 year old son living here both disabled. Any advice are help please call my cell. I would like to sue if possible. Thanks, bye --name removed----name removed--


Asked on 9/05/08, 1:39 pm

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

Re: Lease Purchase eviction for no insurance and hurricane damage

The agreement should state whether you are required to insure the house. That lease is the law between the parties and it will guide the Judge in interpreting any claims. It is most important that you read the lease and know what your duties under it are.

If there was impossibility of performance for one of the lease stipulations, that could be a defense to an eviction. Additionally, you can file a petitory action in district court, alleging ownership of the property. Eviction courts (Justices of the Peace and City Courts) do not have jurisdiction over questions of who owns the property, only who is entitled to possession.

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Answered on 9/14/08, 11:20 am


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