Legal Question in Real Estate Law in Louisiana

renters rights

My daughter moved into a duplex apt. less than two months ago. So far she has paid, in rent and deposit- $1,305.00.

The oven hasn't worked yet and the landlord keeps ignoring her requests for help.She and roomate have to buy meals outside the home.Also, she had to clean up the property which was left in disarray. This week she and her roomate had to be carried out of the apt. extremely ill from carbon monoxide poisoning- the heating system is the culprit. I spoke with the landlord and he tried to minimize the problem but has promised a new heating system by tomorrow. My daughter and roomate missed four days of work due to the illness $270 in wages lost. Must my daughter honor her lease? What rights do she have for compensation? thank you,--name removed--


Asked on 1/15/02, 10:29 am

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: renters rights

Starting with the fact she cleaned up the apartment before moving in, she should have addressed that issue at the time and demanded the apartment be cleaned. Take a look at the lease and see what it says about the landlord's duties. It may say they will provide a clean apartment at move in, and in turn, when she leaves, your daughter must provide a clean apartment or lose her deposit.

If the landlord ignored the oven issue, the tenant has a right to fix it at their expense, and deduct that amount from the rent.

I am assuming the duplex is owned by an individual as opposed to a person or corporation in the business of owning and operating rental units. But regardless, the faulty heating system is probably the owner's responsibility. However, there could be circumstances in which the manufacturer of the unit or some company who recently did repair work on the unit would be responsible for the damages suffered as a result of the carbon monoxide leak.

First impression is that your daughter and roommate have a claim for any medical expenses resulting from the carbon monoxide poisoning, as well as their lost wages, and general damages for their physical and emotional pain and suffering.

Finally, in addition to demanding the damages, I would demand the lease be cancelled because of the fear of falling asleep and never waking up if the furnace was not properly repaired.

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Answered on 1/15/02, 11:50 am


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