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Message
Landlord/tenant laws question
Posted on 11/4/13 at 1:12 pm
Posted on 11/4/13 at 1:12 pm
I moved into a place in September and didn't sign a lease or a rental agreement. Landlord told me she would need 30 days notice before I moved out. I agreed.
Despite what I was promised, the place was dirty when I moved in (I cleaned it) and several problems were supposed to be fixed but never were (among them, the back door was not secured at all and someone could easily break in, there was a rodent problem, etc). After 2 1/2 weeks I'd had enough. I looked up the landlord/tenant laws for Louisiana, and they state that, without a lease, the rental term is assumed to be month by month, and in order to receive a deposit back, the renter must provide 10 days notice of moving out before the end of the month. I gave her 13 days notice, and the address to send my deposit.
Not surprisingly, she didn't send me back my depost and I don't see her doing that. So, since I didn't sign a lease, the deposit is legally mine, right, even though I verbally said I would give 30 days notice? Apartment was in better shape when I moved out, so no damages occurred.
Thanks for the help
Despite what I was promised, the place was dirty when I moved in (I cleaned it) and several problems were supposed to be fixed but never were (among them, the back door was not secured at all and someone could easily break in, there was a rodent problem, etc). After 2 1/2 weeks I'd had enough. I looked up the landlord/tenant laws for Louisiana, and they state that, without a lease, the rental term is assumed to be month by month, and in order to receive a deposit back, the renter must provide 10 days notice of moving out before the end of the month. I gave her 13 days notice, and the address to send my deposit.
Not surprisingly, she didn't send me back my depost and I don't see her doing that. So, since I didn't sign a lease, the deposit is legally mine, right, even though I verbally said I would give 30 days notice? Apartment was in better shape when I moved out, so no damages occurred.
Thanks for the help
This post was edited on 11/4/13 at 1:13 pm
3
Posted on 11/4/13 at 1:19 pm to TheIndulger
You just put in writing that you agreed to give her 30 days notice. So what part do you not understand?
Posted on 11/4/13 at 1:24 pm to Motorboat
Ya know, as a lawyer, I'm continually amazed why people do shite THEN ask if it was OK after the fact. Or alternatively, why they don't gut out the 30 days and be totally sure they are OK.
Its just...amazing.
Its just...amazing.
Posted on 11/4/13 at 1:25 pm to Teddy Ruxpin
Same here buddy. Same here.
Posted on 11/4/13 at 1:27 pm to Teddy Ruxpin
I used to work in insurance for a very long time and I too wondered this. Way too many people do shite without thinking of the consequences and then get pissed at everyone else but themselves after the fact.
Takes all sorts of people to make the world go round...
Takes all sorts of people to make the world go round...
Posted on 11/4/13 at 1:31 pm to TheIndulger
quote:
Landlord told me she would need 30 days notice before I moved out. I agreed.
quote:
13 days
you dun fricked up
Posted on 11/4/13 at 1:34 pm to Teddy Ruxpin
quote:
I'm continually amazed why people do shite THEN ask if it was OK after the fact.
Same here. However, there are some facts (provided by a biased party) to suggest that the landlord did not fulfill obligations of keeping the leased thing in a condition suitable for habitation. The only problem is that unless the OP's security deposit was $5k, he is going to pay more than that attempting to get it back.
Posted on 11/4/13 at 2:32 pm to Teddy Ruxpin
quote:
Ya know, as a lawyer, I'm continually amazed why people do shite THEN ask if it was OK after the fact. Or alternatively, why they don't gut out the 30 days and be totally sure they are OK. Its just...amazing
It's not that amazing. I wanted to move out. I did. I have more than enough money to cover the costs. My decision on whether I moved out or not was not based if I would get the money back, otherwise, I would have asked beforehand. That being said, it would be nice to receive my deposit back, and I want to make sure I'll be right before I pursue it further.
This post was edited on 11/4/13 at 2:34 pm
Posted on 11/4/13 at 2:46 pm to TheOcean
quote:
In order to preserve a security deposit claim under La. R. S. 9:3251, a tenant must give the landlord notice of his intent to terminate the tenancy, as required by the lease or law. The lease (or other agreement) will normally
govern the amount and type of notice. Saladino v. Rault Petroleum Corp., 436 So. 2d 714 (La. App. 4th Cir. 1983). In the absence of a lease provision (or other agreement) as to the required notice, Louisiana Civil Code article 2728 (Rev. 2004) requires that the tenant give 10 days written notice of termination prior to the expiration of the current rental month.Thus, as a matter of course, the tenant should be advised to give timely notice of termination in writing and to retain a copy for proof at trial.
LINK
Don't know if my verbal agreement counts as an "other agreement". If it does, however, then she violated the agreement by saying she would repair things and not doing it.
This post was edited on 11/4/13 at 2:48 pm
Posted on 11/4/13 at 3:13 pm to TheIndulger
hire an attorney. we need work.
Posted on 11/4/13 at 3:24 pm to theOG
quote:
hire an attorney. we need work.
I retract my condescending previous post. General public, do all the dumb shite you want.
Posted on 11/4/13 at 3:45 pm to rmc
quote:
The only problem is that unless the OP's security deposit was $5k, he is going to pay more than that attempting to get it back.
It's like you attorney's have never heard of small claims court.
Posted on 11/4/13 at 3:51 pm to Broke
quote:
It's like you attorney's have never heard of small claims court.
Or that, if you win the claim, the landlord pays your court costs
Posted on 11/4/13 at 4:12 pm to TheIndulger
quote:
It's like you attorney's have never heard of small claims court.
True, but I don't have any idea where he lives, and small claims can go from $60 to $140.00 or so just for the petition depending on locale. Then, you can pay an addition $20 to $60 to serve the thing. Guess what happens if the person ducks service? You get to pay again! It can add up a bit and be a headache.
quote:
Or that, if you win the claim, the landlord pays your court costs
Getting a judgment does not equal collecting on that judgment. Oh, and that can cost another $120 to $220 or so. So, you could spend $300 to $500 and not collect diddly poo. Just something to consider.
If his claim was over $5,000 (in LA), now you are out of small claims and prepare your anus for those costs. Or, alternatively, prepare for the landlord to live in an area with a Justice of the Peace working out of his living room. Good luck using that guy.
Some of these claims are quite easy to do, some aren't. No way to know over the internet with few facts.
This post was edited on 11/4/13 at 4:19 pm
Posted on 11/4/13 at 4:41 pm to Teddy Ruxpin
So basically I can get out of any agreement I sign as long as it's under 5k because it's gonna cost more to hold me to it than it's worth.....That's good to know going forward 
Posted on 11/4/13 at 5:04 pm to yellowfin
no. I collect on them all the time, but it takes effort to locate assets and some judgment debtors will do what it takes to avoid paying. It isn't as easy as "I win" every time. The ones I collect on pay for the ones I don't. Someone who isn't working in volumes like I do doesn't have the luxury of "the next case."
Basically, have your ducks in a row and learn what you need to know about your adversary before spending money all over. I think that's general advice in life and not legal advice.
This post was edited on 11/4/13 at 5:10 pm
Posted on 11/4/13 at 6:07 pm to TheIndulger
quote:
Or that, if you win the claim, the landlord pays your court costs
Court costs are one thing. Attorney's fees are another. I haven't gone back and read the statutes governing security deposits in over a year. I had a case involving a security deposit among other things. I think it does provide for attorney's fees. You may not be able to find an attorney willing to take it on contingency and have to front the money. As Teddy has pointed out, that's not always easy. In fact, getting a judgment is the easiest thing about collection work. Getting the money is the hardest.
If you go pro se, I pray you have an understanding judge if its not small claims.
Posted on 11/4/13 at 9:37 pm to rmc
I had a hunch it would be more trouble than it's worth. Oh well
Posted on 11/4/13 at 11:00 pm to TheIndulger
if it were me i would push through and still sue just out of spite.
Posted on 11/7/13 at 10:06 pm to TheIndulger
I would have a lawyer buddy send a letter on their letterhead and try to scare her into producing the funds.
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