Is there any way to terminate a judgement from seven years ago?
Full Question:
I have a $500.00 judgement on me by an old landlord because we moved before lease was up. It has been around seven years ago. He also never refunded our deposit which we figured he would do. We feel we really do not owe him. We had been there 2 yrs. suppose to have been on month to month would like to know if I have any alternatives?
05/14/2007 |
Category: Civil Actions ยป Default Judg... |
State: Louisiana |
#4736
Answer:
The applicable Louisiana statutes are as follows:
9:3251. Lessee's deposit to secure lease; retention by lessor; conveyance
of leased premises; itemized statement by lessor
A. Any advance or deposit of money furnished by a tenant or lessee to a
landlord or lessor to secure the performance of any part of a written or
oral lease or rental agreement shall be returned to the tenant or lessee
of residential or dwelling premises within one month after the lease
shall terminate, except that the landlord or lessor may retain all or any
portion of the advance or deposit which is reasonably necessary to remedy
a default of the tenant or to remedy unreasonable wear to the premises.
If any portion of an advance or deposit is retained by a landlord or
lessor, he shall forward to the tenant or lessee, within one month after
the date the tenancy terminates, an itemized statement accounting for the
proceeds which are retained and giving the reasons therefor. The tenant
shall furnish the lessor a forwarding address at the termination of the
lease, to which such statements may be sent.
B. In the event of a transfer of the lessor's interest in the leased
premises during the term of a lease, the transferor shall also transfer to
his successor in interest the sum deposited as security for performance
of the lease and the transferor shall then be relieved of further
liability with respect to the security deposit. The transferee shall be
responsible for the return of the lessee's deposit at the termination of
the lease, as set forth in Subsection A of this Section.
C. Paragraph A of this Section shall not apply when the tenant abandons
the premises, either without giving notice as required or prior to the
termination of the lease.
9:3252. Damages; venue
A. The willful failure to comply with R.S. 9:3251 shall give the tenant
or lessee the right to recover actual damages or two hundred dollars,
whichever is greater, from the landlord or lessor, or from the lessor's
successor in interest. Failure to remit within thirty days after written
demand for a refund shall constitute willful failure.
B. An action for the recovery of such damages may be brought in the
parish of the lessor's domicile or in the parish where the property is
situated.
9:3253. Costs and attorney's fees
In an action brought under R.S. 9:3252, the court may in its discretion
award costs and attorney's fees to the prevailing party.
9:3259. Unpaid rent; attorney fees
A. Whenever any lessee of any apartment building, house, motel, hotel,
or other such dwelling fails to pay rent that has become due and
delinquent, within twenty days after delivery of written demand therefor
made in accordance with the provisions of this Section, correctly setting
forth the amount of rent due and owing, the lessee shall be liable for
reasonable attorney fees for the prosecution and collection of such claim
when judgment on the claim is rendered in favor of the claimant.
B. Delivery of written demand for purposes of this Section may be
accomplished by mailing the written demand by certified mail to the last
known address of the lessee, by personal delivery to the lessee or by
tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
Art. 2727. Termination of lease with an indeterminate
term
A lease with an indeterminate term, including a
reconducted lease or a lease whose term has been
established through Article 2680, terminates by notice
to that effect given to the other party by the party
desiring to terminate the lease, as provided in the
following Articles.
Art. 2728. Notice of termination; timing
The notice of termination required by the preceding
Article shall be given at or before the time specified
below:
(1) In a lease whose term is measured by a period longer
than a month, thirty calendar days before the end of
that period;
(2) In a month-to-month lease, ten calendar days before
the end of that month;
(3) In a lease whose term is measured by a period equal
to or longer than a week but shorter than a month, five
calendar days before the end of that period; and
(4) In a lease whose term is measured by a period
shorter than a week, at any time prior to the expiration
of that period.
A notice given according to the preceding Paragraph
terminates the lease at the end of the period specified
in the notice, and, if none is specified, at the end of
the first period for which the notice is timely.
Art. 2729. Notice of termination; form
If the leased thing is an immovable or is a movable used
as residence, the notice of termination shall be in
writing. It may be oral in all other cases.
In all cases, surrender of possession to the lessor at
the time at which notice of termination shall be given
under Article 2728 shall constitute notice of
termination by the lessee