Wednesday, December 25, 2013

How do I sue my landlord for unlawful eviction in Louisiana?

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My landlord and I had a verbal agreement that I could move into the apt without paying the deposit and first month rent being that I cleaned the apt after his previous tenants moved out. I agreed do so being that I was awaiting on my funds to be released to get registered for school. I went to my friendâs house for a week because I was suffering with terrible migraines and a toothache needed someone to care for my 2 yr old daughter. I informed my landlord that I wasn't feeling well and aware that I would be able to pay only when my funds were distributed. I came to the apt a week later to find the locks on the door changed and a for rent sign on the apt door. After calling the land lord to try resolving the issue he stated that I had a past due balance, I was living in his apt illegally because my lease was incomplete since I didn't put in my parentsâ names on the lease. Also he stated that the reason for the lock changes were because I abandon my stuff. The landlord never gave an eviction letter to me or the individual that I had house sit for me. I called the Marshall office who advised me that he could not help unless he was assign by the courts to assist me in retaining my stuff. Thus we were basically left with the clothes that we took for a week.


I offered to pay the landlord ($225.00) which is half the rent for the two weeks which I stayed in the apt. Also I deducted for the cleaning which I did after all even maids get paid lol. According to the lease itâs his responsibility to clean the apt after a tenant moves out however I did it based on our agreement. I sent him a letter via certified mail to communicate with him of my willingness to pay for the time that I stayed there. The landlord called me and inform me that the only way that I would not get any of my assets is by paying $450 which I think is BS because I didn't not stay there for a month and was locked out.I had to be looking for a new apt in the middle of the cold so that my daughter and I would have a place stay. Also I had to buy my daughter and me new clothes and other things needed because we had nothing but a weekâs clothes. All my important documents like my id, passport; birth certificate was in the apt during the time the landlord change the locks. I missed school regularly due to all these unforeseen circumstance thus my grades were affected.

I was not legally evicted, the Marshall never came and I never receive an eviction letter from my landlord. I think the landlord is being very shady in withholding my assets on his property and asking me to pay this. I am not willing to pay $450.00 because I donât know the conditions of my stuff and I had to pay to get several things replace thatâs in his possession. I have offer to meet him on the property to pay for my stuff to resolve this issue however he wants me to put the money in his account before I even seeing my things.
I had TV âs , wii game, laptop, beds, furniture , shoes , clothes , text books , stroller car seat, microwave , pack and play , dishes , etc. and several other valuable things in the apt .

Can I file as a pauper when suing my landlord?
How much in damages can I sue my landlord for?
How long after unlawful eviction can I sue the landlord?

Thanks for all the help in advance.



Answer
In real estate, all contracts have to be in writing to be valid.

Anyone can sue anybody for anything. Can he win? That is the real question. You have a good case. It is illegal to lock someone out and separate them from their property without a court order.

DO NOT give this landlord any more money until after you have successfully sued him for the value of your belongings. He already used you for a free cleaning service; don't trust him.

Good luck

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Answer
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Title Post: How do I sue my landlord for unlawful eviction in Louisiana?
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