Legal Checklist — Louisiana & Orleans Parish
LGD (Lower Garden District) Properties, Inc. · lease, security deposit agreement, application
and plaster walls addendum · first reviewed 2026-09-06 · updated 2026-09-28
Not legal advice. This is Claude's research summary and document
review, not an attorney's opinion. Section numbers refer to the documents as of
2026-09-28. Every citation should be independently verified before being relied
on — see manager/LEGAL_RESEARCH.md for source URLs and which sources were
read in full. Items marked open since 2026-09-06 were found in the first review
and have not been addressed; items marked new come from the documents added or
changed since. Tick the box once an item has been addressed, or a decision made not
to.
| Document | High | Medium | For the attorney |
| Lease — missing entirely | 3 | 2 | — |
| Lease — section by section | 1 | 5 | 1 |
| Security deposit agreement | 1 | 3 | 1 |
| Application | — | 2 | 3 |
| Plaster walls addendum | — | 1 | 1 |
| Across all documents | 1 | 1 | — |
Lease — missing entirely
Federal and Orleans-Parish requirements the lease still says nothing about.
All open since 2026-09-06.
HIGH
Federal lead-based paint disclosure.
Any pre-1978 rental needs a signed lead warning statement, the EPA "Protect Your
Family From Lead in Your Home" pamphlet, and disclosure of known lead hazards, with
records kept 3 years. Penalties up to
$21,018 per violation, plus a
private right of action. Every LGD address is in the Lower Garden District's historic
housing stock.
40 CFR Part 745 / 42 U.S.C. § 4852d · open since 2026-09-06
HIGH
Orleans Parish "Healthy Homes" registration.
Every rental must be registered via OneStopApp and hold a Certificate of Compliance
with the Minimum Rental Standards. Non-compliance risks daily fines and losing the
right to rent the unit. The ordinance also protects tenants from retaliation for code
complaints, whatever §8 and §10 allow. This is an operational item for all 8
addresses, not only lease wording.
City of New Orleans Healthy Homes ordinance, 2026 mandatory
registration phase · open since 2026-09-06
HIGH
Assistance animals — §5 PETS has no carve-out.
A no-pets clause cannot refuse a disability-related assistance animal. §5 still has no
exception. The yard B addresses were described as having no pets, which makes the
carve-out more important there, not less.
42 U.S.C. § 3604(f)(3)(B); HUD assistance-animal guidance ·
open since 2026-09-06
MEDIUM
Smoke detectors.
Louisiana requires at least a 10-year sealed-battery smoke detector at the time of
lease. A clause documenting compliance and giving the tenant the testing and
notification duty also helps under §15 LIABILITY's notice-based standard.
La. R.S. 40:1581 · open since 2026-09-06
MEDIUM
Flood / renter's insurance disclaimer for tenant belongings.
Not a statutory requirement, but a low-cost gap to close given New Orleans' flood
history; the lease's NOMAR ancestor template has one.
open since 2026-09-06
Lease — section by section
| Section | Finding |
| §2 RENT | MEDIUM
The $50 returned-check fee may exceed Louisiana's cap (greater of $25 or 5% of the
check) on a small check, and the statute separately requires a posted notice of the
fee. La. R.S. 9:2782 · open since 2026-09-06 |
| §3 SECURITY DEPOSIT | MEDIUM
The 30-day accounting runs from "all keys returned and premises vacated". The statute
runs it from written notice of a forwarding address. Bad-faith non-compliance costs
actual damages plus the greater of $300 or twice the amount withheld, and attorney's
fees. The security deposit agreement already asks for a forwarding address
(condition 13), so aligning §3 to it is easy. La. R.S. 9:3251 · open since 2026-09-06 |
| §5 PETS | HIGH
See assistance animals above. |
| §7 SUBLEASE | MEDIUM
Ambiguous sublease limits are read against the lessor. Consent "of Lessor" doesn't
say it may be withheld in Lessor's sole discretion; saying so closes an argument that
consent was unreasonably withheld. La. C.C. art. 2713 · open since 2026-09-06 |
| §10 WAIVER UPON TERMINATION | MEDIUM — citation error
The notice waiver is valid under La. C.C.P. art. 4701, but the lease also cites
"La. CCP 2713", which is the Civil Code's sublease article and has nothing to do with
eviction notice. A wrong citation in a document used in eviction court.
open since 2026-09-06 |
| §13 UTILITIES | MEDIUM — new
Since 2026-09-28 the Lessee pays all utilities, with no exception. Confirm that
no address has a shared meter the Lessor actually pays (1364 Camp has 7 units,
1521 St. Andrew 6). The $10-per-day-per-utility charge assumes every utility can be
put in the Lessee's name. |
| §14 ADDITIONS OR ALTERATIONS | INFORMATIONAL
Louisiana has no statutory entry-notice rule. A broader explicit entry clause, for
routine inspection and not only repairs, reduces risk. La. C.C. art. 2682 · open since 2026-09-06 |
| §15 LIABILITY | GOOD
Already tracks La. R.S. 9:3221. La. C.C. art. 2699 voids any waiver for defects that
seriously affect health or safety, whatever the lease says. |
| §16 SIGNS AND ACCESS | LIKELY FINE
No Louisiana statute protecting political signs found; New Orleans code not checked. |
| §17 PATIO/YARD | FOR THE ATTORNEY — new
Version B (Lessor maintains all) omits pet waste on the basis that yard B addresses
have no pets. With assistance animals possible anywhere, decide who cleans up after
one at a yard B address. |
| §20 WALLS | NEW — no statutory issue found
Standard (A) and plaster (B) versions. B's damage paragraph says repair costs "will be
deducted" from the deposit; §3 governs how. Neither version has had an attorney's review. |
| §1, §4, §6, §8, §9, §11, §12, §18, §19, §21 | NO ISSUE
Nothing found, or already covered in LEGAL_RESEARCH.md (§18 attorney's fees). |
Security deposit agreement new
HIGH
"NO portion of the deposit will be refunded" if the lease is broken.
A flat forfeiture sits uneasily with the statute's rule that the deposit is returned
less itemized damages, and it contradicts the lease's own §3, which forfeits the
deposit on abandonment but excepts the last month with notice given. The two documents
are signed together and should say the same thing.
La. R.S. 9:3251; lease §3
MEDIUM
The applicant's-deposit paragraphs duplicate the application.
Page 2's last two paragraphs describe an applicant's deposit and liquidated damages on
a refused lease — the application's holding deposit, in different words. Keep it in
one document, and say whether the holding deposit becomes the security deposit.
MEDIUM
"Fair wear and tear" here, "normal wear and tear" in the lease.
Two phrases invite an argument that two standards were meant. Use the lease's.
MEDIUM
Conditions 6 and 9 cite the lease by section number.
Condition 9 (B) cites "Section 17 of the lease". A lease signed before 2026-09-28 is
numbered differently, so for an existing tenant the citation may point at the wrong
section. Condition 6 (B) already avoids this.
FOR THE ATTORNEY
$40.00 per hour general labor, and the prorated-days charge.
A fixed labor rate and charging the days needed to make the unit rentable are both
deductions a tenant could contest as not actual damages under La. R.S. 9:3251.
Application new
MEDIUM
Adverse action notice.
The new credit-check authorization is good. If an application is ever denied, or
approved on worse terms, because of a credit report, federal law requires a written
adverse action notice naming the reporting agency.
Fair Credit Reporting Act, 15 U.S.C. § 1681m
MEDIUM
Social Security numbers on paper.
Kept on the form by decision. Louisiana's data breach law applies to anyone holding
them: keep completed applications secured, and shred them when no longer needed.
La. R.S. 51:3071 et seq. (Database Security Breach Notification
Law) — verify
FOR THE ATTORNEY
Binding arbitration, including fair-housing claims.
Deferred to legal review by decision. Whether pre-dispute arbitration of Fair Housing
Act claims holds up, and whether the clause survives once a lease is signed.
FOR THE ATTORNEY
Holding deposit kept as liquidated damages.
Deferred to legal review by decision. Whether keeping it all is a reasonable
liquidated-damages amount if an approved applicant backs out.
FOR THE ATTORNEY
Pets question.
Left as is by decision. It should not be used to screen out someone with an assistance
animal; see the lease's §5 item.
Plaster walls addendum new
MEDIUM
Mid-lease signature.
An existing tenant is asked to accept new obligations during a lease already signed.
It binds them only if they agree; if they decline, the old lease governs until
renewal. Have it signed at renewal where possible, or pair it with something the
tenant receives.
FOR THE ATTORNEY
Deductions "from the Lessee's security deposit".
Relies on the old lease's own deposit terms, which have not been reviewed here.
Across all documents new
HIGH
Confirm the legal entity name.
Every document now names "Lower Garden District Properties, Inc." (it said LLC until
2026-09-28). The name on a lease should match the Louisiana Secretary of State
registration exactly. If the registered entity is an LLC, the documents name a party
that does not exist.
MEDIUM
Nothing new has had an attorney's review.
§20 WALLS, §17 yard B, the deposit's conditions 6 and 9, the addendum's framing and the
application's credit-check wording were drafted on 2026-09-28.
Primary sources referenced (verify independently before relying on any citation):
- La. R.S. 9:3251 — security deposit return, itemization, bad-faith penalty
- La. R.S. 9:2782 — returned-check fee cap and posted notice
- La. R.S. 9:3221 — lessee's assumption of responsibility; owner liability
- La. R.S. 40:1581 — smoke detectors
- La. R.S. 51:3071 et seq. — database security breach notification
- La. C.C. arts. 2682, 2699, 2713 — lessor's obligations; warranty waiver; sublease
- La. C.C.P. art. 4701 — notice to vacate and its waiver
- 42 U.S.C. § 4852d and 40 CFR Part 745 — lead-based paint disclosure
- 42 U.S.C. § 3604(f)(3)(B) — Fair Housing Act reasonable accommodation
- 15 U.S.C. § 1681m — adverse action notices (Fair Credit Reporting Act)
- City of New Orleans Healthy Homes ordinance
Full source URLs and verification notes:
manager/LEGAL_RESEARCH.md.