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re: Renter's refund of deposit
Posted on 5/21/22 at 4:35 pm to Reubaltaich
Posted on 5/21/22 at 4:35 pm to Reubaltaich
Louisiana Revised Statute 9:3251, etc., known as the Lessee's Deposit Act.
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
…
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
§3252. Failure of lessor to comply; recovery of amounts by lessee; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor's successor in interest. Failure to remit within thirty days after written demand for a refund shall constitute willful failure.
B. An action for recovery of such damages may be brought in the parish of the lessor's domicile or in the parish where the property is situated.
§3253. Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party.
For a plain English version, look up the Louisiana Attorney General’s pamphlet on landlord tenant laws.
§3251. Lessee's deposit to secure lease; retention by lessor; conveyance of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a landlord or lessor to secure the performance of any part of a written or oral lease or rental agreement shall be returned to the tenant or lessee of residential or dwelling premises within one month after the lease shall terminate, except that the landlord or lessor may retain all or any portion of the advance or deposit which is reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises. If any portion of an advance or deposit is retained by a landlord or lessor, he shall forward to the tenant or lessee, within one month after the date the tenancy terminates, an itemized statement accounting for the proceeds which are retained and giving the reasons therefor. The tenant shall furnish the lessor a forwarding address at the termination of the lease, to which such statements may be sent.
…
C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease.
§3252. Failure of lessor to comply; recovery of amounts by lessee; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant or lessee the right to recover any portion of the security deposit wrongfully retained and three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater, from the landlord or lessor, or from the lessor's successor in interest. Failure to remit within thirty days after written demand for a refund shall constitute willful failure.
B. An action for recovery of such damages may be brought in the parish of the lessor's domicile or in the parish where the property is situated.
§3253. Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion award costs and attorney's fees to the prevailing party.
For a plain English version, look up the Louisiana Attorney General’s pamphlet on landlord tenant laws.
Posted on 5/21/22 at 8:31 pm to Reubaltaich
I have one rental property and I always give deposits back in full, however, they always want it yesterday. Like, I haven't even looked at the house yet
Posted on 5/21/22 at 8:36 pm to Reubaltaich
Security deposits are given a fair amount of treatment in Louisiana law. Make sure your friend gives a forwarding address to the landlord and demands the full deposit or an itemized statement of any deductions. This immediately kicks off a 30 day period after which the landlord may owe penalties.
Posted on 5/21/22 at 8:38 pm to DeathValley85
quote:
Research the laws. Depending on the state a landlord may be required to do very specific things in order to keep a deposit.
I got a deposit returned in full because of this. He probably had an argument for keeping a very small portion of my deposit, but he forfeited that right by not following the law.
The day of move out send a forwarding address in writing, if possible do a walk with him. If not, document like crazy (honestly do both in case ge tries to target something you didn’t address on the walk)
On the 30th day after, if you haven’t received an itemized list, send your demand letter quoting the LA law… it’s pretty easy
If still no luck, small claims
Posted on 5/22/22 at 7:42 am to Twenty 49
quote:
Louisiana Revised Statute 9:3251, etc., known as the Lessee's Deposit Act.
quote:
For a plain English version, look up the Louisiana Attorney General’s pamphlet on landlord tenant laws.
Cool, thanks man
Posted on 5/22/22 at 7:55 am to Reubaltaich
Make sure the landlord gives a detailed description of the damage beyond normal wear and tear… also request receipts of the repairs materials and labor..
I have a rental and have held some of the damage deposits back and sometimes given full money back.
However I suspect you have a jerk landlord that just takes the deposit routinely or the tenant has a different opinion of what normal wear. I have experienced both.
Good luck
I have a rental and have held some of the damage deposits back and sometimes given full money back.
However I suspect you have a jerk landlord that just takes the deposit routinely or the tenant has a different opinion of what normal wear. I have experienced both.
Good luck
Posted on 5/22/22 at 8:08 am to Reubaltaich
If all else fails, flush concrete down the toilet and tell him to keep the deposit.
Posted on 5/22/22 at 8:11 am to Reubaltaich
Tell us what town at least.
Posted on 5/23/22 at 7:01 am to Reubaltaich
Not saying they didn’t clean up or what not. But my overall experience with renters is they are trashy as f.ck and don’t give 2 shits about the place.
Posted on 5/23/22 at 8:00 am to cmlsu
Thanks for this info.
This post was edited on 5/23/22 at 8:12 am
Posted on 5/23/22 at 8:04 am to Reubaltaich
If you are vengeful put the name of the company on Facebook with pictures make it shareable and join every town related Facebook group and post the situation there and if it is a company review them on every site where they are listed.
This is how you win. Not the courts. Document all evidence.
This is how you win. Not the courts. Document all evidence.
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