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re: Ending a month to month verbal rental agreement
Posted on 6/20/14 at 11:24 pm to markasaurus
Posted on 6/20/14 at 11:24 pm to markasaurus
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 on 6/20/14 at 11:25 pm to TigerLicks
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 on 6/20/14 at 11:26 pm to Teddy Ruxpin
I enjoy vague condescension and passive aggressive superiority.
Posted on 6/20/14 at 11:26 pm to markasaurus
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 on 6/20/14 at 11:27 pm to GRTiger
Cool, we'll holla at you when ODC knocks on our door. I also assume you'll pay the malpractice insurance this month...
Posted on 6/20/14 at 11:28 pm to GRTiger
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 on 6/20/14 at 11:28 pm to boosiebadazz
Is there statute stating lease term is automatically 30 days when a written lease expires?
Posted on 6/20/14 at 11:28 pm to iAmBatman
Your dossier sucks, batman
Posted on 6/20/14 at 11:29 pm to iAmBatman
Civil Code article above
Posted on 6/20/14 at 11:30 pm to iAmBatman
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
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 on 6/20/14 at 11:31 pm to bradwieser
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 on 6/20/14 at 11:31 pm to biglego
His lease expired. Nowhere in that post does it say it automatically becomes month to month on expiration of the original lease
Posted on 6/20/14 at 11:32 pm to Teddy Ruxpin
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...
Eta: well...
This post was edited on 6/20/14 at 11:33 pm
Posted on 6/20/14 at 11:32 pm to GRTiger
my butt hurts so baddddddd
Posted on 6/20/14 at 11:32 pm to boosiebadazz
Are you really worried that OP will claim booziebadazz from tigerdroppings was his lawyer who gave him bad advice?
Posted on 6/20/14 at 11:33 pm to biglego
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
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 on 6/20/14 at 11:34 pm to iAmBatman
La Civ Code art 2721 et seq.
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