Legal Corner: Are landlords required to provide smoke detectors?

Submit your questions to news@kplctv.com. Civil matters only, please.

VIDEO: Legal Corner - Are landlords required to provide smoke detectors?

QUESTION: Are landlords required to provide smoke detectors to tenants?

Answer: The answer to that question depends on the local building codes and timing. Effective January 1, 2011, Louisiana Revised Statute provides that all existing one- or two-family dwellings at the time of sale or lease shall contain, at a minimum, an operable ten-year, sealed lithium battery smoke detector.

The Law:

Louisiana Revised Statute 40:1581

Smoke detectors; one- or two-family dwellings

A. Effective January 1, 2011, all existing one- or two-family dwellings at the time of sale or lease, shall contain, at a minimum, an operable ten-year, sealed lithium battery smoke detector.

Question: My husband has dementia and we don’t have a living will or anything in writing to make decisions about his medical care. What do I have to do to legally make decisions about his medical care?

Answer: It is very important to do living wills and power of attorneys well in advance so you are not put in the situation you are in now. Being that your husband has dementia, he may likely lack capacity to consent to any agreement. Therefore, the alternative route would be to seek an interdiction whereby a Judge would decide on whether your husband is competent to take care of his own affairs and appoint a Curator for him.

The Law:

Louisiana Civil Code Art. 389. Full interdiction

A court may order the full interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity, is unable consistently to make reasoned decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

Louisiana Civil Code Art. 390. Limited interdiction

A court may order the limited interdiction of a natural person of the age of majority, or an emancipated minor, who due to an infirmity is unable consistently to make reasoned decisions regarding the care of his person or property, or any aspect of either, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.

Question: My father left some things to me in his will, but now my sister is trying to sell the things he wanted me to have. What do I have to do to stop her from selling my stuff?

Answer: You may Probate the Will before a Judge in a Court where the decedent was last domiciled so that you can be put in possession of the items you were bequeathed in the Will. This process is also known as a Succession. A Louisiana succession is a Court process for changing title to assets from a deceased person to his or her heirs or legatees or beneficiaries.

The Law:

Louisiana Civil Code Art. 871. Meaning of succession.

Succession is the transmission of the estate of the deceased to his successors. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law.

Louisiana Code of Civil Procedure Art. 2851. Petition for probate

If the deceased is believed to have died testate, any person who considers that he has an interest in opening the succession may petition a court of competent jurisdiction for the probate and execution of the testament.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

Copyright 2018 KPLC. All rights reserved.

Copyright 2019 KPLC. All rights reserved.