Legal Question in Landlord & Tenant Law in Louisiana

I moved out of my apartment on Jan 30, 2012 and have still not received my returned deposit or a letter stating why my deposit as not been returned as of today, May 9,2012. I have asked the manager if there was a problem and he said the only problem is the lady handling the accounts thinks that if she doesn't send it people will forget and go away. I have this recorded and saved on text. I initially went to file a claim in small claims court but I live (and the apt is located) in Lafayette, La but the business is based out of Mandeville. According to what the Louisiana Tenants Rights Law says, I have the right to sue for up to 3 times the amount of the deposit as well as attorney and court costs. Problem is I can't find an attorney that will handle this kind of case. It's very upsetting considering I paid all my rent on time and left the place in great condition, in which I have a video showing how I left the apt looking. I've since had to take out a loan to cover costs in which my deposit was going to handle. What should I do? Do I need to make the trip all the way to Mandeville to handle this or is any attorney out there going to pick up a case like this?


Asked on 5/09/12, 8:06 am

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

While you can sue them in Mandeville, where their company is, you can also sue them in Lafayette, since the apartment was there. You don't HAVE to find an attorney in Mandeville. Sue in the court with jurisdiction over the area where the apartment is. That is where the contract was performed (i.e., where the property was delivered to you by the landlord), so venue is good in Lafayette, just as much as it is in Mandeville.

That law, by the way, gives you a penalty of actual damages or a $200 penalty for failing to give back the deposit within 30 days of written demand being sent by you to the landlord demanding return of the deposit (and texts and emails are generally not considered written demand). If you can't show any actual damages as a result of the landlord's keeping your deposit, you will be limited to return of the deposit, plus the $200 penalty. You can get attorney's fees as well, if you have an attorney. Having an attorney is always a good idea when you go to court, but if you can't find one there to handle it you can file in small claims court without one. Many people do in those cases.

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Answered on 5/13/12, 9:52 am


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