New Orleans Landlord Tenant lawyer

The Sunseri Law Firm, LLC assists clients with complex matters involving Landlord & Tenant Law. Attorney J. Douglas Sunseri has over 35 years of experience litigating complex residential and commercial lease disputes throughout the state of Louisiana. From evictions to HUD investigations to FHA claims, the landlord-tenant practice also focuses on transactional matters, drafting and revising leases and lease addenda, negotiating contracts and advising management. Attorney J. Douglas Sunseri routinely speaks on Landlord-Tenant Law on his Sunday morning radio show on WWL 870AM/105.3 FM/Audacy.com

The Sunseri Law Firm, LLC provides the following services for Landlord & Tenant Law: 

• Drafting and reviewing lease agreements to ensure they are legally binding and enforceable. This includes clauses on rent, maintenance, and termination conditions.
• Assisting in the negotiation and renegotiation of lease terms to meet the landlord’s objectives while ensuring compliance with applicable laws.
• Advising on legal rights and obligations related to property ownership, zoning regulations, and property management.
• Ensuring compliance with state and local laws governing the landlord-tenant relationship, including security deposits, habitability standards, and entry rights.
• Representing landlords in court during disputes or litigation processes, including eviction proceedings and lease enforcement.
• Handling broader real estate matters that may impact leasing, such as property acquisitions or sales that affect tenancy agreements.
• Advising on compliance with federal, state, and local housing regulations, including fair housing laws and rent control ordinances.
• Assisting in mediation or arbitration to resolve conflicts with tenants outside of court.

Residential and commercial landlords with a high volume of rental units face the unavoidable task of evicting tenants, and many times, they choose to pursue a lawsuit for past-due rent. In Louisiana, a landlord cannot legally evict a tenant without cause. Legal grounds to evict may include failure to pay rent, paying late, remaining after the expiration of the lease, damage to the property, illegal activity at the property, failure to uphold other responsibilities under Louisiana’s lease laws, and violating lease terms.

The first step is to terminate the lease by providing a “5-day notice” to vacate.  The 5-day notice may be delivered in person by handing it to the tenant, posting it on the entry door, or by certified mail with a return receipt.  Under Louisiana law, the landlord is not required to provide the tenant with an opportunity to cure the lease violation or catch up on past-due rent before issuing the notice to vacate.  As soon as rent is late or a violation has occurred, the landlord can deliver the notice, and the tenant is expected to vacate the property within five days.

If the tenant moves out, the landlord may take possession without further judicial process.  However, if the tenant does not move out within the five days permitted, then the landlord must file an eviction lawsuit.  Unfortunately, the requirement that a lawsuit be filed adds to the cost and also slows things down as the landlord must wait for their day in court to prove the lease violation.  Once the judge orders the eviction, the tenant generally has 24 hours to vacate the property, and the sheriff may enforce this order.

Following the physical eviction, landlords retain the right to pursue legal action for past-due rent, damages, and other costs as permitted by Louisiana law. This is especially true for commercial leases, in which the rent is much higher than residential leases. Landlords may have given the tenant several months to try to catch up, which often only leads to more past-due rent. In any event, our firm is prepared to enforce your rights as a landlord.

The attorneys at Sunseri Law Firm, LLC strive to “Make the Complex Understandable.” If you have any questions, contact J. Douglas Sunseri at Sunseri Law Firm, LLC, by phone at (504) 214-9111 or by email at doug@sunserilaw.com to schedule a consultation.