Legal Question in Landlord & Tenant Law in Louisiana

I moved out of an apartment in 2005 (Louisiana). The landlord not only kept my security deposit and pet deposit, but she also sent me a bill for $500. There was an itemized statement sent to me within 30 days. The LL claimed that the carpet in the entire apartment needed replacing because of one small spot in the bedroom. In the final walk-through, I saw that spot. She blamed it on a pet. I know that it was from where the roof kept leaking and repeatedly had maintenance come to "fix" it. Now, 5 years later, they have turned it over to collections and are threatening to sue. My questions are: 1) Is this beyond normal wear and tear? Does the entire apartment have to be replaced b/c of one small spot in one room? 2) What is the statute of limitations on this type of "debt"? Any other advice is helpful. Thanks!


Asked on 8/19/10, 11:19 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

The language in the lease is the key to what the landlord can or cannot do. Did you contest the "bill" and have you kept copies of all correspondence, etc.? It is important that you respond in writing and keep copies of any disagreement concerning conditions of an apartment. The original walk-through should have noted any problems with the conditions of carpet, etc. It should have been in writing and provided to the landlord. If the carpet was damaged from a leak, it should have been documented in writing, pictures, etc. and provided to landlord.

However, there is a three year limitation on monies owed if suit was not filed or a judgment taken.

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Answered on 8/24/10, 2:20 pm


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