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re: Ending a month to month verbal rental agreement

Posted on 6/20/14 at 11:24 pm to
Posted by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 6/20/14 at 11:24 pm to
Real estate contacts need to be in writing to be enforceable. If the lease expired and there was nothing signed stating you would be on a month to month then you can do whatever you want. Verbal contacts are not enforceable.
Posted by boosiebadazz
Member since Feb 2008
80191 posts
Posted on 6/20/14 at 11:25 pm to
Nope, try again
Posted by markasaurus
Baton Rouge
Member since Aug 2011
2996 posts
Posted on 6/20/14 at 11:25 pm to
quote:

Just leave. He won't spend a dime pursuing any legal action. The pursuit will cost more than the value of what he can get legally.



I'm going to do that regardless. But I'm reading the 10 day deal, a. Civ. Code Art. 2728, that states

quote:

Universal Citation: LA Civ Code 2728
Art. 2728. Notice of termination; timing
The notice of termination required by the preceding Article shall be given at or before the time specified below:
(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period;
(2) In a month-to-month lease, ten calendar days before the end of that month;
(3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and
(4) In a lease whose term is measured by a period shorter than a week, at any time prior to the expiration of that period.
A notice given according to the preceding Paragraph terminates the lease at the end of the period specified in the notice, and, if none is specified, at the end of the first period for which the notice is timely.
Acts 2004, No. 821, §1, eff. Jan. 1, 2005.



so not only do i want to leave, but I'd like some of my deposit back also since i did give him 10 days notice

Technically it would have been within his rights to tell me at any time in the last year to GTFO as long as 10 days notice was given as well right? Theres a reason these laws exist
This post was edited on 6/20/14 at 11:29 pm
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62867 posts
Posted on 6/20/14 at 11:26 pm to
I enjoy vague condescension and passive aggressive superiority.
Posted by Zappas Stache
Utility Muffin Research Kitchen
Member since Apr 2009
38666 posts
Posted on 6/20/14 at 11:26 pm to
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?
This post was edited on 6/20/14 at 11:31 pm
Posted by boosiebadazz
Member since Feb 2008
80191 posts
Posted on 6/20/14 at 11:27 pm to
Cool, we'll holla at you when ODC knocks on our door. I also assume you'll pay the malpractice insurance this month...
Posted by Teddy Ruxpin
Member since Oct 2006
39564 posts
Posted on 6/20/14 at 11:28 pm to
quote:


I enjoy vague condescension and passive aggressive superiority.


You're welcome

But if being superior means not talking out of my arse, then so be it. Crowdsourced legal advice apparently has a ways to go
This post was edited on 6/20/14 at 11:30 pm
Posted by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 6/20/14 at 11:28 pm to
Is there statute stating lease term is automatically 30 days when a written lease expires?
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76221 posts
Posted on 6/20/14 at 11:28 pm to
Your dossier sucks, batman
Posted by bradwieser
Cornell Fan
Member since May 2008
10555 posts
Posted on 6/20/14 at 11:28 pm to
That'll be $250
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76221 posts
Posted on 6/20/14 at 11:29 pm to
Civil Code article above
Posted by boosiebadazz
Member since Feb 2008
80191 posts
Posted on 6/20/14 at 11:30 pm to
It matters what kind of lease it is and it matters what the original term was.

OP is in the right neighborhood with those Code articles.

GRTiger will cover my malpractice insurance and also represent me before ODC
This post was edited on 6/20/14 at 11:32 pm
Posted by plazadweller
South Georgia
Member since Jul 2011
11442 posts
Posted on 6/20/14 at 11:31 pm to
quote:

10 days


Since the law provides 10 days in certain circumstances I'm kinda glad I don't own any rental property in. La. Otherwise I'd make everyone renew a 1yr lease.
Posted by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 6/20/14 at 11:31 pm to
His lease expired. Nowhere in that post does it say it automatically becomes month to month on expiration of the original lease
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
62867 posts
Posted on 6/20/14 at 11:32 pm to
I can tell by the responses to that post from the two "I'm an attorney, just so everyone knows" posters which one is a sensitive little puss. And it's not the one I responded to here.

Eta: well...
This post was edited on 6/20/14 at 11:33 pm
Posted by boosiebadazz
Member since Feb 2008
80191 posts
Posted on 6/20/14 at 11:32 pm to
my butt hurts so baddddddd
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76221 posts
Posted on 6/20/14 at 11:32 pm to
Are you really worried that OP will claim booziebadazz from tigerdroppings was his lawyer who gave him bad advice?
Posted by Teddy Ruxpin
Member since Oct 2006
39564 posts
Posted on 6/20/14 at 11:33 pm to
that was pretty good.
Posted by boosiebadazz
Member since Feb 2008
80191 posts
Posted on 6/20/14 at 11:33 pm to
No, I just hate typing on an iPad and don't feel like copying and pasting shite

ETA: and I kinda enjoy being the douchebag GRtiger always hoped I would be
This post was edited on 6/20/14 at 11:35 pm
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76221 posts
Posted on 6/20/14 at 11:34 pm to
La Civ Code art 2721 et seq.
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