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Started By
Message
re: Ending a month to month verbal rental agreement
Posted on 6/20/14 at 11:36 pm to boosiebadazz
Posted on 6/20/14 at 11:36 pm to boosiebadazz
Boosie, you retook in February right?
I feel bad about the no condition deal these days. That had to be tough.
I feel bad about the no condition deal these days. That had to be tough.
This post was edited on 6/20/14 at 11:37 pm
Posted on 6/20/14 at 11:36 pm to boosiebadazz
Here's what the lease says help me out here
"This lease is for a term commencing on 1 day august and ending july 31 2013. "
Then under automatic renewal it says " If lessee, or lessor desires that this lease terminate at the expiration of its term, he must give to the other party written notice at least 30 days prior to that date. failure of either party to give this required notice will automatically renew this lease and all of the terms thereof except that the term of the lease will be for one month. This provision is a continuing one and will apply at the expiration of the original term and at the expiration of each subsequent term.
The 30 day notice only applies during that time the lease was valid though correct? It ended july 31st 2013. Since then no other form or agreement was agreed upon
"This lease is for a term commencing on 1 day august and ending july 31 2013. "
Then under automatic renewal it says " If lessee, or lessor desires that this lease terminate at the expiration of its term, he must give to the other party written notice at least 30 days prior to that date. failure of either party to give this required notice will automatically renew this lease and all of the terms thereof except that the term of the lease will be for one month. This provision is a continuing one and will apply at the expiration of the original term and at the expiration of each subsequent term.
The 30 day notice only applies during that time the lease was valid though correct? It ended july 31st 2013. Since then no other form or agreement was agreed upon
This post was edited on 6/20/14 at 11:39 pm
Posted on 6/20/14 at 11:37 pm to Teddy Ruxpin
Sure did. Even more of a reason for me to stay vague
Posted on 6/20/14 at 11:38 pm to boosiebadazz
That's a gut check. I know a guy during the condition days who passed 7 of 9 parts yet didn't pass the bar.
Taking only two sections was easy for him to finish up of course, but how terrible is that
Taking only two sections was easy for him to finish up of course, but how terrible is that
This post was edited on 6/20/14 at 11:39 pm
Posted on 6/20/14 at 11:39 pm to markasaurus
10 days. La. C.C. art. 1 et. seq.
Posted on 6/20/14 at 11:40 pm to Teddy Ruxpin
I knew I didn't put in the work the first time. I 'studied' in New Orleans and had a blast. I failed by 6 points. Out of 950. Literally a multiple choice question on a Code exam. I put in the work the second time and walked out knowing I passed.
You live and you learn.
You live and you learn.
This post was edited on 6/20/14 at 11:41 pm
Posted on 6/20/14 at 11:40 pm to boosiebadazz
I don't think you're a douchebag, Fwiw.
Posted on 6/20/14 at 11:41 pm to GRTiger
Well you aren't paying close enough attention
Posted on 6/20/14 at 11:42 pm to boosiebadazz
Word. Good deal.
Now you're on the Internet on a Friday night. Being a lawyer is fuggin' awesome right?
I'm boozing, obviously
Now you're on the Internet on a Friday night. Being a lawyer is fuggin' awesome right?
I'm boozing, obviously
Posted on 6/20/14 at 11:43 pm to Teddy Ruxpin
I boozed earlier and have to pick my mom up at the airport tomorrow at 9 am and I also need to go in to the office at some point this weekend.
So yeah, I'm not real high on the legal profession right now. Rough week.
So yeah, I'm not real high on the legal profession right now. Rough week.
Posted on 6/20/14 at 11:55 pm to Zappas Stache
quote:
30 days....but most leases cover this situation. Just because your lease has " expired", there is usually a clause that covers the month to month situation and calls for 30 day notice. At least my leases do and I use a generic lease. If the guy has been a good landlord why do want to be a bitch and find some loophole?
So would the La. Civ. Code Art. 2728 trump this? Says clear as day that a 10 day notice must be issued and thats it
and he has been a good landlord. but its also to the point where I told him 2 weeks ago I'm gtfo and he's made no attempt to rent this place out to try and help me or himself out.
This post was edited on 6/20/14 at 11:57 pm
Posted on 6/21/14 at 12:03 am to markasaurus
I believe the cited provision of the lease provides for automatic reconduction for successive one month terms. In order to terminate the lease, you must give 30 days' written notice. Therefore, you must give written notice in the month preceding the next one month term. For example, you should give notice by June 30 in order to terminate the lease in July.
OTOH you can argue that the lease is ambiguous and the 10 day rule applies in which case you would have had to give notice today to effectively terminate the lease in June.
OTOH you can argue that the lease is ambiguous and the 10 day rule applies in which case you would have had to give notice today to effectively terminate the lease in June.
This post was edited on 6/21/14 at 12:14 am
Posted on 6/21/14 at 12:17 am to markasaurus
Now it's time for the drunken lawyer show!
First off, I'm drunk and a lawyer. You're not my client. You're not paying me and not helping me pay my fricking bills, so frick you. Motherfricker.
Anyone responding should have first asked, "What does your lease say?" It controls. Not completely, there are some exceptions, but there are default rules that apply if the lease is silent.
The 10 day responders were on point, but that, they failed to recognize the above. Under reconduction the default would be 10 days notice. But you wisely posted the provision stating that the terms would apply in the case of extension of the lease, which require 30 days notice.
Plus, unless you're in a true bind, 30 days notice is much more reasonable than 10. And why not avoid shite if you can?
Also per Louisiana law, your deposit can NOT be used for rent due, rather, it can only be used for damages, an itemized listing of such must be provided to you upon demand.
Take this advice at your absolute peril.
First off, I'm drunk and a lawyer. You're not my client. You're not paying me and not helping me pay my fricking bills, so frick you. Motherfricker.
Anyone responding should have first asked, "What does your lease say?" It controls. Not completely, there are some exceptions, but there are default rules that apply if the lease is silent.
The 10 day responders were on point, but that, they failed to recognize the above. Under reconduction the default would be 10 days notice. But you wisely posted the provision stating that the terms would apply in the case of extension of the lease, which require 30 days notice.
Plus, unless you're in a true bind, 30 days notice is much more reasonable than 10. And why not avoid shite if you can?
Also per Louisiana law, your deposit can NOT be used for rent due, rather, it can only be used for damages, an itemized listing of such must be provided to you upon demand.
Take this advice at your absolute peril.
Posted on 6/21/14 at 12:22 am to USMCTiger03
Not having read the entire lease, if the term is month to month, ten day notice is all that is due. Now be prepared to get screwed on getting any of your deposit back. Pictures and witnesses might help you with claims of damage, etc.
Posted on 6/21/14 at 12:48 am to Teddy Ruxpin
On the disclaimer, credit (full or partial, I cannot recall) to JustMe, may he rest in Hell.
Although its use was impliedly granted, if not it is covered under 17 U.S.C. § 107. No fricking cop out "et seq", just 17 U.S.C. § 107.
Although its use was impliedly granted, if not it is covered under 17 U.S.C. § 107. No fricking cop out "et seq", just 17 U.S.C. § 107.
Posted on 6/21/14 at 3:41 am to markasaurus
In Louisiana, according to my company, a 10 day move out notice is required for any reason other than death.
A 30 day move out notice is required because of death.
Makes sense, huh?
I am referring to senior living apartments, so this may apply to your situation or may not.
A 30 day move out notice is required because of death.
Makes sense, huh?
I am referring to senior living apartments, so this may apply to your situation or may not.
Posted on 6/21/14 at 3:58 am to Will Cover
Uh yeah 10-day notice is a dick move.
Your lease also says 30-day notice needs to be given for the term of the agreement (through June 30).
My suggestion is pay through July 15 to avoid any legal issue or the guy sending your bill to collections. You still get half your money back.
You live you learn.
Your lease also says 30-day notice needs to be given for the term of the agreement (through June 30).
My suggestion is pay through July 15 to avoid any legal issue or the guy sending your bill to collections. You still get half your money back.
You live you learn.
Posted on 6/21/14 at 4:08 am to LSUzealot
You've come a long way from sleeping on people's couches.
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