Legal Question in Real Estate Law in Louisiana

Tenants Rights

I am currently renting a unit in small apartment complex. On several occasions, and without my prior consent, members of the staff have entered my apartment (in my absence). Although this is usually done to deliver a UPS package, I have explained to the building management that do not want anyone in my apartment without my knowledge even if this means they will refuse acceptance of the package).

Tonight I found a letter from the management on my dining table. This note could have easily been left on the door. I do not want this to happen again.

My lease is silent on the rights of the lessor to enter the property without the tenent's consent. Is there any Louisiana law that protects me from this type of intrusion?


Asked on 10/29/99, 11:30 pm

2 Answers from Attorneys

Frank Pola Law Office of Frank Pola, Jr.

Re: Tenants Rights

You should talk to a local attorney. Check out the apartment complex regulations and other related documents.

The building administration have the duty to verify that no tenant is involved in dangerous activity, but you have your rihtg to privacy.

If the situation persist, notify the administration of your concern. Good luck!

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Answered on 11/01/99, 7:27 pm
Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: Tenants Rights

"Is there any Louisiana law that protects me from this type of intrusion..."? Yes, but I'm afraid you may have already (albeit unknowingly) waived your right to protest on a meaningful level. I.E., if you had insisted that the written lease that you originally signed actually contain language indicating the reasonable time(s) or purposes for management's entry into your apartment PRIOR to your signing that lease and moving in, you would have better ground to stand on now. If they had refused to negotiate or insert mutually-acceptable language into that written lease, you had the right to simply walk away and find a different, more tenant-friendly apartment. A lease is just another kind of written contract and the parties have the right to generally insert whatever conditions or restrictions they desire--this applies to tenant as well as landlord, as long as both sides can agree on a final product. Your failure or ignorance in not insisting on reasonable landlord entry restrictions when you signed the lease and moved in may have seriously lessened your curent power to complain and obtain results.

Nevertheless, I would strongly suggest that you document and continue to document--IN WRITING, using certfied mail, return receipt requested--your concerns to the apartment management, including the past entrances and your renewed desire for notice prior to future entry, etc. Every time it happens again, send another letter. You may end up getting yourself alienated (or worse, evicted for some other reason)by management, BUT if something happens during one of these protested entries (i.e., theft or damage or ?) you have some legal proof to indicate that you put management on notice regarding the problem and your opposition thereto. Your other options are to try and re-negotiate the lease with the restrictions on management entry times or to seek to move as soon as you can without breaching your lease obligations...

For better, more specific information, I strongly recommend that you seek to have a paid consultation with a local attorney so that ALL of your options and rights can be explored and covered. It should not be very costly and the money spent should be well worth it in the long run.

The foregoing comments are NOT meant as legal advice or as a legal opinion but simply comments about the general legal issues of the fact situation presented.

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Answered on 11/01/99, 11:43 pm


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