Law Office of Charles M Schully

03/07/2022

As of today, this law office is closed indefinitely. It is bittersweet to make this announcement, because the reason for closing corresponds with a new chapter in renters' rights in New Orleans.

After the initial shock of COVID died down, local advocates began to see the significance in guaranteeing that every tenant had an attorney in eviction court. This is known as Right to Counsel. The New Orleans City Council quickly agreed with advocates and approved a fully-funded Right to Counsel budget.

Now, every tenant facing eviction will be able to have an attorney, free of charge. I will be one of those attorneys. Under CFR 45 §1601 et seq., however, I am prohibited from maintaining a private practice while working in this capacity.

It has been an indescribable honor to help tenants pursue claims against their landlords in the last year. The fact that you put your trust in me means more than you can imagine. This next step in my career is a vital one, as I have never practiced law outside of a solo context. And I would like to think that this will prepare me to be the best attorney I can be, should I choose to return to private practice.

If I do go back to my own solo law practice one day, I make one promise to you: I will continue to fight for tenants and working people in New Orleans. Only I will be more competent, more efficient, and more confident in fulfilling that promise.

To those who encouraged me down this path, gave people my information, or even just followed this page: thank you. You have done so much for renters' rights by keeping the cause alive. And you did more for me than I could ever do for you.

I love you all, and please never stop fighting for what is right.

CMS

09/10/2021

If your apartment management tries to force you out of your apartment without judicial process, there are two people you should contact:

1) An attorney
2) The media

Do not agree to move if you do not want to

09/07/2021

Thank you Governor Edwards, for doing the very minimum that tenants need right now.

Now we need better laws, including vis major (forces majeures) protections, and stronger warranties of habitability. We need a statutory maximum on late fees, a security deposit ceiling, and more protections for notices to vacate.

Landlords, if you try to evict during this crisis, not only are you repugnant, you are also in violation of the law.

Housing advocates asked Edwards to suspend proceedings in the wake of Hurricane Ida last week.

09/04/2021

I have been hearing a lot of questions about getting rent reduced due to power outages. I plan on addressing this later in more detail.

For now, everything I am reading about Civil Code article 2715 says you are not entitled to a diminution in rent for loss of power that is not due to the negligence of the lessor. I disagree with this as a matter of equity. This research did not come from me, but SLLS has a good blog that explains this: https://slls.org/hurricane-ida-faq-for-renters-in-louisiana/

It is important to note that if your house becomes unlivable due to other damage, you may be able to declare the warranties of peaceful possession as habitability breached and obtain an immediate dissolution of the lease.

Apply for rent assistance on FEMA’s webpage, so you don’t have to incur undue expenses. And tell your State Legislators in the House and Senate that we need to amend Civil Code Article 2715 to protect tenants in the future.

09/03/2021

If any of my clients need any specific assistance, please text me! I am doing what I can to help people in need today and hereafter.

08/22/2021

I am proud to support the Renters’ Rights Assembly and the Right to Counsel Initiative for the City of New Orleans. Tenants sorely need adequate representation, especially in these unprecedented times. It would only require 0.2% of the City budget to give New Orleans tenants an attorney in eviction court.

If you would like to support this campaign, you can click on the link below

https://lafairhousing.salsalabs.org/righttocounsel/index.html

08/03/2021

This moratorium will certainly face legal challenges, but it will hopefully allow more time for rental assistance to be disbursed, if nothing else.

The White House says it doesn’t have legal authority to extend a months-old moratorium on evictions that expired last weekend.

07/12/2021

Won another eviction case! The landlord would have forced a single mother to move in 72 or 24 hours, but when I exposed a flaw in her notice to vacate, we won her 3 weeks to move on her own volition.

04/23/2021

Did you know that if a landlord cuts off a tenant’s power without a judicial order of eviction, they are breaking the law and are liable for civil penalties?

Even if you “waive your right to habitability” or even waive your right to judicial process. Amazingly, some landlords try to scare tenants by putting these illegal clauses in leases.

Don’t let them do it, and don’t think you do not have rights.

04/21/2021

Today, our office sent in a 27 page memo to appeal an eviction that was granted contrary to law, fact, and public policy.

Housing is healthcare
Stop evictions
Human is a human right