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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116713
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am in Louisiana. Is your advice applicable here? no, I run

Customer Question

I am in Louisiana. Is your advice applicable here?
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I run a transitional home for men who have been in prison and have no where to go upon their release. I am having an issue with one of my occupants and need a question answered.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Louisiana
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the question you have?
Customer: replied 6 months ago.
The men who live at this house do not enter into a lease because it is temporary housing for 90 days. If they are sincerely ***** ***** their futures, they may be granted the privilege to stay longer if they keep working at getting their lives together. There is no official lease, just a set of very reasonable guidelines for living in the house. Each occupant gets bed space and shares common area. Each pays $200 per month rent and his equal share of utilities. One of the occupants who I let stay on past the 90 days is now 4 months in arrears in his rent and payment of utilities. It's partially my fault because he lost his job and his father died and I cut him some slack. When I told him it was time to pay his rent, or at least on it, he got an attitude. Then he assumed the position that he didn't have to leave unless I evicted him. I finally came to terms with that reality, and now he has decided to run his auto detail business off the resources of the house. When I found out he was doing so I emphatically told him that he could not run a business from the house. We try to stay as low key as possible and privacy is essential to the other occupants as they are all felons. I do not want to be known to the community. Most of these guys work very hard to stay out of trouble. Since I am evicting this guy he has adopted the position that he is untouchable. I realize I am required to maintain the utilities for his housing, but surely I am not required to allow him to use the resources of the house and enjoy financial gain at my expense when he is not paying his rent and share of the utilities. If I deny him utilities to run his business, am I exposing myself to legal liability?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They are tenants at will (month to month tenants) and even if there is no official lease, Louisiana recognizes a oral lease agreement. He is right though that if you have allowed him to stay you have to evict him with 3 day written notice for non-payment of rent. Once you give him 3 day written notice, you have to go to court and start a court eviction. If you cut utilities or change locks, that is an illegal eviction and he could sue you for damages. So, even denying him utilities for his business he can claim an unlawful eviction and you need to do this right as he is not untouchable, but he has been around the block enough times to know you need to properly give him eviction notice and then a court action to evict him if he refuses to leave and if you do anything other than that he is trying to set you up so he can sue you.
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