Louisiana Complaint for Breach of Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-01270BG
Format:
Word; 
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Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Can You Withhold Rent in Louisiana? The only case in which a tenant may withhold rent in Louisiana is under the repair and deduct statute.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

The Fair Housing Act protects people from discrimination. You cannot be denied access to a home on the basis of your color, race, religion, sex, national origin, disability or familial status.

To Submit a Complaint For questions regarding fair housing laws or if you wish to have a representative from the State Attorney General's Office speak to your organization call 800-273-5718.

The lessor warrants the lessee's peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing.

The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period.

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.

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Louisiana Complaint for Breach of Covenant of Quiet Enjoyment