Legal Question in Landlord & Tenant Law in Louisiana

We have been living in a home for one year and one month. We signed a lease when we moved in that stated we had until the 5th to pay full rent or pay 25 per day. We were late the first month but informed the landlord and delivered check to her. We did not pay a late fee as there were some maintenance issues (which are her responsibility per the lease and to which she has told me never to hire anyone without her consent). We have not paid late again. Until this month. I called her before the rent was due and informed her she would get half the rent and the other half 5 days late. She agreed. I brought her the check. She mentioned late fees and I told her we would have to discuss at a later date. She sent letter saying it was due with this months rent. First, I dont have the extra 100. Next, there are serious maintenance problems that we have left messages and calls for her on her cell and work and still have not been fixed. I dont want to fork over more money I dont have and still not have a working heater!!! What are my rights? Can I tell her that I won't pay the late fee when she cannot maintain the house per the lease as well?


Asked on 1/01/10, 8:06 am

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

You can't withhold rent (or late fees) like that. What Louisiana law says is that, if you have a serious maintenance issue like broken heat, you must inform the landlord IN WRITING and give the landlord a reasonable time to repair it. If the landlord does not repair it in a reasonable time, you may hire a professional to repair it and deduct the amount of the repairs from your rent. You cannot just withhold rent or late fees. You will be subject to eviction if you follow your present course of action.

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Answered on 1/12/10, 7:28 am


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