Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding
Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding

As most people around the country already know, Louisiana has been struck with yet another natural hardship. Baton Rouge and the surrounding areas have experienced brutal flooding that has shaken the entire community. Commercial real estate is not exempt from these flood damages. There are many legal aspects that are prominent regarding floods. Steven Boutwell of Kean Miller, LLP Attorneys at Law, recently published an article on the commercial real estate legalities of floods. Read the excerpt below to understand landlord and tenant rights and obligations for disasters like the Louisiana floods. To finish the article, please click the green button at the bottom of the page.

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Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding

 

Landlord and Tenant Rights: Louisiana Floods

The recent flooding of the Baton Rouge and surrounding communities has ravaged property, devastated lives, and impacted businesses.  Much of the legal discussion surrounding the flooding in Louisiana will inevitably involve the ins and outs of flood insurance and FEMA assistance.  However, there are other legal implications of the floods that need some consideration, such as the rights and obligations of landlords and tenants in light of the damage and devastation.

Whether a landlord or tenant, critical at this stage of the game is your knowing what Louisiana law provides by default, what your lease contract provides and where your lease is silent.  The following are key points to keep in mind.

Under default Louisiana law, a Louisiana landlord has the obligation to maintain the leased premise in a suitable condition for the purpose for which it was leased. La. Civil Code art. 2682.  Landlords must maintain the property by making all necessary repairs, and tenants must allow the Landlord to make all necessary repairs that cannot be postponed until the end of the lease.  La. Civil Code arts. 2691 and 2693.

Where damage to the leased premises is so significant that the premises are considered totally destroyed, as is likely the case in many of the present instances, default law provides that the lease terminates by operation of law (i.e., without the need for judicial intervention), with neither party owing damages to the other…

 

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