re: Ending a month to month verbal rental agreement

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

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

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.

Well you aren't paying close enough attention

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.

quote:

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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?

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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.

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.

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.

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.

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.