| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Louisiana?
In Louisiana, the landlord has a right to enter a rental property for reasonable purposes if the lease doesn’t say otherwise. Maintenance and emergencies are specific reasonable purposes mentioned in the law, and the landlord can also enter for other purposes like legally required inspections.
Can a Landlord Enter Without Permission in Louisiana?
Louisiana landlords can legally enter a rental property without permission for reasonable purposes if the lease doesn’t say otherwise, including maintenance and emergencies.
Can a Landlord Enter Without the Tenant Present in Louisiana?
Louisiana landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Louisiana?
Louisiana landlords have no explicit right to show an occupied house if the lease is silent on the issue. However, in most cases showings are a reasonable purpose for landlord entry, when done in a reasonable way that doesn’t interfere with the renter’s peaceful possession of the rental property.
How Often Can Landlords Conduct Routine Inspections in Louisiana?
Louisiana landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case, depending on whether it interferes with the peaceful possession of the property.
How Much Notice Does a Landlord Need To Provide in Louisiana?
Louisiana landlords have no specific advance notice requirement relating to entry. The landlord only needs to behave reasonably and protect the renter’s peaceful possession of the property. A minimum of 24 hours is reasonable advance notice unless there’s a specific reason for a lesser amount.
Can a Landlord Enter Without Notice in Louisiana?
Louisiana landlords can enter without notice if the lease doesn’t say otherwise, as long as the entry is done with reasonable purpose and manner.
How Can Landlords Notify Tenants of an Intention To Enter in Louisiana?
Louisiana landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Louisiana?
Louisiana tenants can’t clearly refuse entry to a landlord who’s entering for a reasonable purpose. While the law isn’t specific, Louisiana courts have suggested that a landlord can enter despite a tenant’s objection, as long as the entry is for a reasonable purpose and not done in a disturbing way.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Louisiana?
Louisiana landlords may give a five-day notice to vacate and begin eviction proceedings, if the tenant illegally refuses entry.
Can a Tenant Change the Locks Without Permission in Louisiana?
Louisiana tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, and can evict the tenant if a lock change limits his right to access.
What Can a Tenant Do If the Landlord Enters Illegally in Louisiana?
Louisiana tenants can take any of the following actions if a landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Get a court to reduce rent or cancel the rental agreement.
- Recover cost of any damages.
Sources
- 1 Carvajal v. Levy, 485 So. 2d 586, 588 (La. Ct. App. 1986) (emphasis in original).
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“In considering invasion of privacy allegations, courts distinguish between actionable and non-actionable invasions. Generally, an actionable invasion of privacy exists only when the defendant’s conduct is unreasonable and seriously interferes with plaintiff’s privacy interests… Where defendant’s action is properly authorized or justified by circumstances, it is deemed to be reasonable and non-actionable, even though it admits to a slight invasion of the plaintiff’s privacy.”
Source Link - 2 Carvajal v. Levy, 450 So. 2d 721, 723 (La. Ct. App. 1984)
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“A lessor is required to make repairs to maintain habitable premises. La.C.C. art. 2692. In emergencies he may be called upon to do so when notice cannot be given, nor consent obtained because lessee is unavailable. Hence, it is neither practical nor wise to deny a lessor access for such a limited purpose.” Carvajal v. Levy, 450 So. 2d 721, 723 (La. Ct. App. 1984) See generally both Caravajal cases, the dissents in particular, for context establishing that it is not prima facie unreasonable for a landlord to enter without the tenant’s notice and consent and over the tenant’s objection, when meeting legal duties like a duty to repair. A tenant is not allowed to lock a landlord out.
Source Link - 3 La. Civ. Code § 2682 (2022)
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“The lessor is bound: (1) To deliver the thing to the lessee; (2) To maintain the thing in a condition suitable for the purpose of which it was leased; and (3) To protect the lessee’s peaceful possession for the duration of the lease.”
Source Link - 4 La. Code Civ. Pro. § 4701 (2022)
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“When a lessee’s right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee. The notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.”
Source Link - 5 Growe v. Johnson, 314 So. 3d 87, 99 (La. Ct. App. 2021) (internal citations omitted)
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“[A]s a matter of law, a tenant is not precluded from seeking nonpecuniary damages for breach of a contract of lease.”
Source Link - 6 La. Civ. Code § 2715 (2022)
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“If, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages. If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent.”
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