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When it comes to a lease, the landlord cannot evict their tenant from the property in retaliation. This could make the tenant seek an attorney for help; in severe cases, these claims can go to a court in Louisiana.
If the landlord takes full or partial payment of rent after the Notice to Vacate, it defeats the eviction. You will still need to attend the eviction trial and bring proof that your landlord accepted full or partial payment of rent after the Notice to Vacate.
First, it is not legal to withhold rent. You could be evicted for nonpayment. But one legal avenue is to use Louisiana's Repair and Deduct law. You must give your landlord notice that repairs are needed.
This usually involves the appropriate parish constable to clear the property and return possession of that property to the Landlord. In order to preserve the opportunity for appeal, Tenants should file an Answer to the Rule for Eviction. The Answer should be in writing, under oath, and state affirmative defenses.
Wrongful Eviction And seizing tenant property Such actions could be locking the tenant out of the premises, putting the tenant's possessions on the street, or in other ways removing the tenant from the premises without following proper legal procedure (aka ?taking the law into your own hands?).