13/Oct/2008
LEGAL LYLA Q&A
By: Lyla Deblieux
Submit your questions to
lyla@deblieuxlaw.com.
This column contains general information about legal issues, and is not
intended as specific attorney-client advice or as an adequate
substitute for consulting an attorney and providing all the specific
facts at issue, in order to receive adequate guidance. The author of
this column has not accepted any engagement as counsel for the
anonymous questioners.
After the recent storm, my neighbor’s tree started leaning toward my house. I pointed this out to my neighbor, but they did not seem very concerned. Is there anything I can do to make my neighbor cut this tree before the next storm?
This is a very common issue after the recent hurricane. There are several factors which may come into play. First, if the tree is on the boundary line between your house and the neighbors, you have the right to demand removal of the trees. However, you may have to pay the expense of the tree removal. You may also demand your neighbor to cut any branches that extend over your property, if they interfere with your enjoyment of the property. Again, you may have to bear the expense of cutting these branches. If neither of these circumstances are present, you most likely do not have the right to demand that your neighbor cut the tree.
After the recent storm, I filed a claim with my insurance company for property damage to my home and vehicle. A representative from the insurance company came to my home to inspect the damages, but I have not heard back from them. Is there anything I can do to find out the amount of my claim?
Louisiana law requires that your insurance company makes an offer to settle the claim within 30 days of satisfactory proof of your loss. If your insurance company fails to make an offer to settle within 30 days, they may be assessed with penalties. There are several factors in this situation which may come into play, so if you believe these time delays have run longer than necessary, consult with an attorney regarding the full details of your situation.
I live in an apartment complex and my ceiling began to leak after Hurricane Gustav. I notified the landlord, but he still has not repaired the ceiling. Also, while the ceiling is being repaired, I will not be able to use my living room or bedroom. What should I do?
First, it is always best to make any requests for repairs in writing. After giving the landlord written notice, you may pay to have the repairs done and deduct the price from your rent. However, the price you pay must be reasonable and the repairs must be necessary. If the landlord does make the repairs, you do not have a right to reduce your rent for your lack of use while the repairs are being done, unless the repairs take longer than one month.
By: Lyla Deblieux
Submit your questions to
lyla@deblieuxlaw.com.
This column contains general information about legal issues, and is not
intended as specific attorney-client advice or as an adequate
substitute for consulting an attorney and providing all the specific
facts at issue, in order to receive adequate guidance. The author of
this column has not accepted any engagement as counsel for the
anonymous questioners. After the recent storm, my neighbor’s tree started leaning toward my house. I pointed this out to my neighbor, but they did not seem very concerned. Is there anything I can do to make my neighbor cut this tree before the next storm?
This is a very common issue after the recent hurricane. There are several factors which may come into play. First, if the tree is on the boundary line between your house and the neighbors, you have the right to demand removal of the trees. However, you may have to pay the expense of the tree removal. You may also demand your neighbor to cut any branches that extend over your property, if they interfere with your enjoyment of the property. Again, you may have to bear the expense of cutting these branches. If neither of these circumstances are present, you most likely do not have the right to demand that your neighbor cut the tree.
After the recent storm, I filed a claim with my insurance company for property damage to my home and vehicle. A representative from the insurance company came to my home to inspect the damages, but I have not heard back from them. Is there anything I can do to find out the amount of my claim?
Louisiana law requires that your insurance company makes an offer to settle the claim within 30 days of satisfactory proof of your loss. If your insurance company fails to make an offer to settle within 30 days, they may be assessed with penalties. There are several factors in this situation which may come into play, so if you believe these time delays have run longer than necessary, consult with an attorney regarding the full details of your situation.
I live in an apartment complex and my ceiling began to leak after Hurricane Gustav. I notified the landlord, but he still has not repaired the ceiling. Also, while the ceiling is being repaired, I will not be able to use my living room or bedroom. What should I do?
First, it is always best to make any requests for repairs in writing. After giving the landlord written notice, you may pay to have the repairs done and deduct the price from your rent. However, the price you pay must be reasonable and the repairs must be necessary. If the landlord does make the repairs, you do not have a right to reduce your rent for your lack of use while the repairs are being done, unless the repairs take longer than one month.
