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re: Does one lose their deposit if they break a residential rental lease in Louisiana

Posted on 3/17/16 at 11:34 pm to
Posted by threeputt
God's Country
Member since Sep 2008
24791 posts
Posted on 3/17/16 at 11:34 pm to
As I stated before, tenant list job and can't afford to pay rent ... 8 months left on lease .. Does tenant lose security deposit under Louisiana law

I assume landlord can go after unpaid rent and use deposit for that purpose but I know each state is different
Posted by Rohan
Baton Rouge
Member since Feb 2005
1572 posts
Posted on 3/17/16 at 11:35 pm to
For the landlord to claim unpaid rent, they would have to have the house sit empty for the entirety of the lease. So most of the time it's not worth the hassle for a law suit and purposely not rent the house. They just chalk it up to the cost of doing business and rent it out again.
Posted by threeputt
God's Country
Member since Sep 2008
24791 posts
Posted on 3/17/16 at 11:38 pm to
I agree but is the tenant entitled to receive deposit back

Does the answer depend on how long rental unit stays vacant ??
Posted by Rohan
Baton Rouge
Member since Feb 2005
1572 posts
Posted on 3/17/16 at 11:44 pm to
Not sure. Try calling a property management company tomorrow and see if they can give you better info.
Posted by Real Pirate
NE LA
Member since Apr 2013
1879 posts
Posted on 3/17/16 at 11:55 pm to
Just pick another trailer and move on with your life
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 3/18/16 at 12:36 am to
quote:

Yes, but I've found that you lose your deposit no matter what happens. Landlords will always find reasons to keep it.


Security deposits are, for the most part, a scam. Landlords will always try to keep them, which is why you should always have all correspondence in writing and take pictures of everything. When you move out, take pictures and note anything that can be considered "normal wear and tear." Also ask for an itemized list of all things the landlord claims to have fixed after you moved out, and get receipts to prove the repairs were actually done. If the landlord refuses to provide anything, have a lawyer contact them - you'll get your check.

Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/18/16 at 12:39 am to
You're dead on....

But what's sad is when I write a check for a security deposit on an apartment or rental house, I just chalk it up to that money being gone.

It's just how it normally works. If I receive a check when I move out from the land lord, I just chalk it up as free money I wasn't expecting... Sad but that's just how I look at it.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 3/18/16 at 12:42 am to
It's good to have a lawyer friend who will help you out for free. A lot of the time it'll cost the landlord more in legal fees and court costs than it would for them to just give you your deposit back.

Most people don't fight it, so most landlords feel entitled to it and have no intention of giving it back no matter how well you clean the house and the condition it's in when you vacate.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 3/18/16 at 12:46 am to
Last couple places I rented as an adult, I got my deposit back from one, one I moved in when they were doing a special $200 deposit deal and don't think I got that one back. And a lady I rented a house from I just paid the first and last months rent up front and so when the last month came to be paid, it was already paid.

The places I rented in college when I always had rowdy roommates, I didn't even try to get the deposits back. The places deserved to keep them
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 3/18/16 at 12:52 am to
I just moved out of a place and I had to be out on 3/1. The landlord gives the new tenant the keys on 2/29, while we're still moving and cleaning, and then tried to bitch because the house wasn't clean yet. I pretty much told her to frick off and stopped cleaning. She said I wouldn't get my deposit back but when my lawyer called to inform her that she signed a lease to someone else on a day that I still legally occupied the property and gave them keys, that not giving me my deposit would be the least of her worries.
Posted by BayouFann
CenLa
Member since Jun 2012
6870 posts
Posted on 3/18/16 at 12:53 am to
You lose your deposit regardless in La. Slumlords are practically protected by the shitty system when it come to refunding.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
17867 posts
Posted on 3/18/16 at 1:28 am to
Posted by 19thHole
Working on my TPS reports
Member since Dec 2007
4908 posts
Posted on 3/18/16 at 1:35 am to
Posted by threeputt
God's Country
Member since Sep 2008
24791 posts
Posted on 3/18/16 at 6:53 am to
quote:

Red Stick Tigress


Thanks that was exactly what I was looking for ... In all my other leases I had this situation spelled out but this was an older lease and for whatever reason it was not in there. I have never had this situation come up before and was just curious as how to proceed. Thanks

ETA: 19th hole - Get off of the computer and Go practice
This post was edited on 3/18/16 at 6:55 am
Posted by Aspercel
Member since Jan 2009
106699 posts
Posted on 3/18/16 at 7:51 am to
Every place is different, but as I stared above, deposit is a forfeit for us. Can't be used for rent. So it would not go towards rent.

A skip is then charged for the remainder of the lease. Once someone moves in then the bill is revised to just reflect the time the apartment was vacant because you can't charge double rent.
Posted by CadesCove
Mounting the Woman
Member since Oct 2006
40828 posts
Posted on 3/18/16 at 8:22 am to
Sorry about your job, dude.
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