The information on these pages is designed to give you an overview of the law on certain consumer law subjects. It is not intended to be legal advice. 如果你对这些问题有疑问, you should contact an attorney for help tailored to your particular situation.
How do I receive help and am I eligible?
一个人通过申请我们的帮助而成为我们的客户, being accepted as a new client, and signing a retainer. In order to be accepted, 您必须有经济上的资格或60岁或以上，并居住在我们的服务区. 财务资格是通过比较家庭规模和年收入来确定的 annual poverty line as published by the federal government. 2020年，单人家庭的收入为15950美元，四人家庭的收入为32750美元.
申请过程开始于365买球官网入口的任何一个办公室. Once you become one of our clients, your problem is assigned to one of our attorneys or paralegals based on the nature of your legal problem and availability of staff.
我相信我被拒绝住公寓是因为我的种族. What can I do?
The Fair Housing Act makes it illegal to discriminate on the basis of race or color, religion, national origin, gender, family status (having children living with you), and disability. 其他形式的歧视不在此法的管辖范围内. It is illegal to refuse to rent property, refuse to negotiate fairly, discriminate in advertising or in the terms or conditions of the housing if the basis for the discrimination is one of the above. Screening should be on a case-by-case basis, 不是一套标准的自动应用，它必须遵守《365买球平台官网入口》. 房东可能会考虑一些法律问题, 包括糟糕的客房管理，这会损坏单元或干扰其他租户, a relevant poor rent payment history, 信用记录显示他无力付房租, and a criminal history that will affect the tenancy. In subsidized housing, tenants must be screened for income eligibility although there is no asset ceiling. 不再有任何“普遍”的住房偏好, but individual housing authorities may adopt their own rules for who will get priority for the limited number of units available. 额外的筛选将根据单位大小进行. 不管租客有多想租这个单位, 单位面积不足或浪费，不符合家庭的规模, screening is appropriate.
If you think you have been the subject of illegal housing discrimination, 你可以致电HUD(800) 498-9371或路易斯安那州司法部(225)342-7900.
我正在考虑租一个房子，但它需要一些维修. How can I protect myself and my deposit?
从你搬进去的那一天开始，你就该开始拿回你租来的房子的押金了. 这时候，你应该和房东一起走过这个空间. Take notes about the condition of the unit, any carpet tears, nail holes, and such. You and the landlord should agree on the list, each sign it and each keep a copy. 如果你们搬进来的时候不能同意这个条件, it is unlikely you will agree when you move out. 大多数公寓小区都有这样的检查表格. 如果你的房东没有房间，你可以为每个房间单独找一个地方. 注意天花板、墙壁、地板和家具的状况. This will protect you from a claim that you damaged something when it was really damaged before you moved in.
我是租房子的，我的房东继续在仓库里存放材料, should he be able to do that?
作为按时支付租金的交换，房客获得了物业的使用权. 这项权利属于租客，不属于房东. The tenant also gets to have his possession without interruption and it is the landlord’s obligation to enforce this tenant’s right. The landlord may have the rent or the possession of the property, but not both. 一旦房东把物业的使用权卖给租客，他就只有权得到租金. He no longer has the right to use the property. 房东不得不放弃对房客的财产所有权. 他必须在一段特定的时间内给租户独占的使用权. 房东也有责任保证租客能够和平地占有财产, free from disturbances by third parties.
我的房东拒绝进行必要的维修，尽管我总是按时付租金. What can I do?
At the start of the lease, it is the landlord’s duty to deliver the property to the tenant in good shape, make certain repairs, 并进行日常维护，不需要任何维修. 租赁合同可能会规定房东要修理什么，房客要修理什么. 房东有义务遵守租约和法律. If he does not, the tenant has the right to go to court to enforce the lease. Once the lease is underway, the landlord is primarily responsible for maintenance. The main exception to this rule is that the tenant must repair any damage he (or his family or guest) causes. 租客必须在租约结束时归还他所拥有的财产, subject only to normal wear and tear. The tenant has the right to have the property maintained by the landlord. This includes the right to have the landlord make all necessary repairs, the tenant’s right to make the repairs himself if the landlord refuses and to deduct the cost from the rent due to the landlord.
The tenant can sue to have the landlord comply with the terms of the lease. The landlord must protect the tenant’s right to peaceful possession of the property. A lease may give a tenant added rights.
If a landlord refuses to make repairs, 租客没有权利扣留租金, but Louisiana law does give the tenant the right to “repair and deduct”. In order to exercise this right, the tenant must first notify the landlord of the needed repairs (preferably in writing) and give him a reasonable time to do so. The tenant must advise the landlord that if the repairs are not timely made, he intends to have the repairs made himself and deduct the cost from the rent. If the landlord still does not make the repairs, the tenant may pay someone to fix the problems, keep the receipts and take the deduction. If the repair is very costly, the right may be useless because the tenant may be unable to afford to pay for it. 此外，除非是长期租赁，否则租户行使这一权利也是危险的, 房东以后可能会试图驱逐房客作为惩罚.
如果在租赁期间财产被部分毁坏, the tenant gets a reduction in the rent or he may choose to cancel the lease if it would be too inconvenient to wait for the repairs to be completed. 如果财产被完全摧毁，租约就终止了.
If a tenant in property with a government subsidy damages the property, the landlord may try to collect for the damages from the agency giving the subsidy.
I would like to live in a larger home but I am struggling financially. Is there assistance available for housing?
有许多不同类型的补贴住房, including Public Housing, Section 8, and Rural Rental Housing. Each has its own set of rules. If the tenant lives in subsidized housing, he has a right to discuss any disputes with the landlord and in some cases, to have an impartial person decide these disputes. 一些受补贴的租户也有权续签租约. The right not to be evicted without good reason is a valuable right that only some subsidized tenants enjoy. 租客的主要责任是按租约的条款付租金. 这意味着全额支付，而不是部分支付，并且在到期时支付. 在补贴住房中，租户的租金取决于他的收入、家庭规模和支出. Each lease will say when the rent is due. 虽然房东不必接受部分或延迟付款, if a landlord makes a practice of doing so, 这种做法可能比书面租约更有效力.
The tenant has to take care of the property as any good caretaker would and may be required to make certain repairs. 除了赔偿他的家人或客人造成的任何损害, the general laws in Louisiana say that the tenant must pay for repairs to the lower part of interior walls and windows broken by accident. The lease may change these terms. Tenants must abide by any other lease terms to which they have agreed. Those renting in apartment complexes frequently receive a set of “house rules” that are part of the lease. 接受政府补贴的租户必须报告其家庭收入或组成的变化.
If rent is due on the first of the month, it becomes late at midnight on the first. 房东不必接受延迟或部分租金，但如果他们愿意，可以接受. 一些租约规定，如果迟交租金，要收取“滞纳金”. This charge is at the option of the landlord and is not required by law. The presence of a late fee clause in the lease does not prevent a landlord from choosing to evict the tenant instead.
Tenants who think they might be late with the rent are better off talking to the landlord in advance about the difficulty. 大多数房东只对收取房客承诺支付的租金感兴趣, 是否会感激通知，并会与租户一起克服暂时的经济困难. Failing to pay the rent on time or discuss the matter with the landlord will usually cause the landlord to file for eviction more quickly.
When you are ready to move out, give the landlord plenty of advance notice. 大多数租赁需要租户提前30天或更多时间通知. After you’ve got the apartment cleaned up, 安排时间让你和房东再做一次检查. Pull out your copy of the inspection the two of you made when you moved in. Make notes of any new damages and try to get an idea what things the landlord will want to charge you for. If the stove or refrigerator isn’t clean enough, 你还有时间这样做，而不是付钱给房东的工人.
When you move, return your keys to the landlord along with a letter containing your forwarding address and a request for your security deposit. Keep a copy of the letter. The landlord has thirty days to either return your entire deposit or he may return a portion of it and include an itemized statement of how the rest was spent to repair damages to the unit. 如果他不这么做，你可能会在小额索赔法庭上把钱要回来.
My landlord is trying to evict me. What rights do I have?
虽然法律对房东非常有利，但对房客也有一些保护. 在补贴住房中，甚至在驱逐开始之前，就有举行某些会议的权利. These rights are valuable to allow both tenants and landlords to resolve misunderstandings before they get out of hand. The tenant will be sent a notice that the landlord feels the tenant has violated the lease in some way. It may be paying rent late, disturbing the neighbors, or something similar. This notice will give some reason why the landlord wants to end the lease. Subsidized housing tenants will get more specific notice than will other tenants. If there is no government subsidy, this notice can be waived by the tenant. In subsidized housing, 它必须是一个好的理由(“好的理由”)，但在其他住房, 业主可以在没有任何理由的情况下终止租约，除了希望房客搬走. This notice will allow the tenant at least five days to move out voluntarily without the landlord going to court to get an eviction order. 房东不得把房客锁在他的房子外面, change the door locks, cut off the water, or remove the doors without first getting a court order allowing him to do so. 如果租户已经放弃了房产, 房东可以采取行动保护财产，直到他可以得到终止租约的法院命令. 只有法院官员才有权将房客或他的财产赶出房屋, not landlords, owners, or maintenance workers
My landlord is suing me for past due rent. What are my options?
If the owner thinks the tenant has broken the lease, he may try to evict the tenant and give up the rent, or he may file a suit for the past due rent and leave the tenant in the property. 一般来说，房东在房客被驱逐后的一段时间内不能收取租金. Should the tenant default, 如果租赁中包含允许租赁的具体条款, the landlord may accelerate the remaining rent due for the entire lease period. Most court proceedings to evict a tenant are filed using a quick legal proceeding called summary process. In this type of legal proceeding, 唯一的问题是房东是否有权恢复使用这所房子. The landlord may not demand unpaid rent from the tenant in this proceeding. A slower legal proceeding, ordinary process, 如果房东想要的不仅仅是占有, but a money judgment against the tenant as well. The landlord is entitled to receive the entire rent on a certain date each month and may specify the place where it is to be paid. 房东不必接受部分租金或滞纳金. The landlord may also set the term of the lease, either in days, months, or years.
我相信我被拒绝贷款是因为我的种族. What are my options?
When you ask someone who usually gives or arranges credit for a consumer loan, 只有你的偿还能力才会影响贷款人的决定. 放款人根据你的性别拒绝你的贷款是违法的, marital status, age, race, national origin, or religion. 为了确保你被公平对待，贷款人不能询问这些因素. The law also controls how the decision about your credit application is made. You must receive a written answer within thirty days of your application. If you are turned down, you must be told why and allowed to see the information used to reach that decision. This gives you the chance to catch any incorrect or outdated information. 忽视这些规定的贷款人的罚款可能超过1万美元. To make sure decisions about your credit are based on your ability to repay, 提供信用报告的公司必须遵守一定的规则. 他们的报告必须只包含最新和准确的信息. Generally, bad credit information more than seven to ten years old must be erased. 你可以拿到一份你的信用报告的复印件，然后查看一下. 它会显示是谁制作的，以及在过去六个月里谁看过它. You can insist the company re-investigate inaccurate information or include your explanation of accurate information. 点击这里阅读路易斯安那州律师协会的出版物《365买球官网入口》.
我的债权人告诉我，我的贷款现在拖欠了. What does this mean?
为了借钱，你要承诺在特定的日期支付特定的款项. 如果你违背了任何一个承诺去借钱, you will be in “default” on the loan. This means that the person who loaned the money can demand payment in full. Most loans contain an “acceleration clause”. It says that if you default on any of your promises, the entire balance is due, not just the amount overdue.
A family member wants me to cosign a loan for him. What happens if he doesn`t pay?
If you cosign a loan, you are liable for repayment of the entire amount of the loan. 不管你得到的钱是少还是少，这都不重要. When a lender asks for a cosigner, it usually means he does not think the original borrower is going to be able to repay the loan on his own. 大多数放款人从事放款和收钱的业务. It should send a strong signal to you that the person asking you to cosign for them may not pay off the loan and you will have to step in and do so.
I have been offered a loan with a 20 percent interest rate, is that a good rate?
The interest rate you pay on a loan is determined by the amount you are borrowing, how long you want to take to pay back the loan, what the lender will get if you don’t pay on time, 以及贷款人对你不还贷风险的看法. 一些消费贷款收取30%甚至更高的利息. 这意味着，你每年要支付借款总额的三分之一来使用这笔钱. 货比三家以获得较低的利率总是一个好主意, just as you would shop around for the best price on clothes or food items.
Fair Debt Collection
我没有按时付款，我的债权人就把我的债务交给了讨债公司. The collection agency is bordering on harassment. What are my rights?
当试图收债的人不是你欠钱的人(或他的律师), but is someone hired to collect the debt, 你对自己的待遇有一定的保护. For example, 讨债人除了打听你在哪里工作或生活外，不会打电话给别人询问你的账单. 他们不能告诉别人你拖欠了账单. 收债人可以通过邮件与你联系, phone, or in person but may not call very early in the morning or late at night.
对你来说，叫停一些讨债电话很容易. You may tell him not to call you at work. 你可以写信告诉他不要再联系你了. Be sure to keep a copy of your letter. After that, he can only contact you to advise you of the status of the account (they are turning it over to their lawyer or filing suit). Keep in mind that he is only trying to collect what you’ve already promised to pay. 切断与讨债人的联系可能会加速对你的诉讼.
只有某些行为是被禁止的，例如:使用暴力威胁, using obscenity or profanity, using the phone just to annoy you, or making false, misleading, or deceptive statements. 收债人不能:如果他们不是律师，就说他们是律师, imply you’ve committed some crime, give false amounts you owe, give out false information about you, threaten to have you arrested, your belongings seized, or your paycheck garnished unless they have already decided to do so. They cannot threaten to do something illegal.
Within five days of first contacting you, 收债人必须以书面形式告知你所欠的数额, the name of the creditor, and the action you can take if you don’t agree that you owe the money. 如果你不同意这笔债务，你有30天的时间告诉他. Once you receive proof of the debt, the collector can start trying to collect. 如果你有多重债务，收款人正在工作，你可以决定你的支付如何应用.
Click here to read “Fair Debt Collection Practices”, 路易斯安那州律师协会的出版物
我从经销商那里买了一辆车，尾灯也有过很多次同样的问题. Can I get the dealer to fix it?
All used cars offered for sale by a dealer must have a “Buyer’s Guide” posted on the window which shows what warranty you will get with the car. If you lease or buy a new car which is out of service for thirty days or more, 或者为了解决同样的问题去店里四次, you may be entitled to a replacement or refund. 你仍然必须给卖主一次修车的机会，但法律限制了他的尝试次数. The defect must substantially impair the use or market value of the car. 大多数制造商还提供非正式的纠纷解决方案. 点击这里阅读《365买球官网入口》，这是路易斯安那州律师协会的出版物.
我负债累累，已经考虑过申请破产. 我应该知道什么?第七章的区别是什么 & 13?
The laws and rules on bankruptcy are very complicated and change often. It is very unlikely you will be able to take advantage of all of the protections available to you without the help of an attorney. 大多数个人申请破产保护的方式有两种:第7章或第13章.
根据第7章的规定，破产是对你的资产进行清算，以便筹集资金偿还债权人. You are allowed to keep certain items you own in full which are “exempt”, such as your clothing, dishes, and bed. Items which you have mortgaged (either as security for a loan or in order to finance their purchase) are not exempt and usually must be surrendered to the person who holds the mortgage. If you are current on the payments on the mortgage, 债权人可能会允许你“重申”债务并保留该物品. When the proceedings are finished, you get a discharge from the court which declares that you no longer owe anything to the people you listed as creditors in your bankruptcy.
A Chapter 13 bankruptcy (also called a “wage earner plan”) allows you to make periodic payments on your debts and keep your belongings. 你必须有固定的收入才能利用这种类型的破产. You and your attorney will prepare a plan that says how you will pay back the people you owe over 36-50 months. 只要你还钱，你的债权人就不能设法收回你所欠的债. When the plan is over, your debts are discharged.