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Started By
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re: Ending a month to month verbal rental agreement
Posted on 6/20/14 at 11:36 pm to boosiebadazz
Posted on 6/20/14 at 11:36 pm to boosiebadazz
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
"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
This post was edited on 6/20/14 at 11:39 pm
3
Posted on 6/20/14 at 11:39 pm to markasaurus
10 days. La. C.C. art. 1 et. seq.
Posted on 6/21/14 at 12:03 am to markasaurus
I believe the cited provision of the lease provides for automatic reconduction for successive one month terms. In order to terminate the lease, you must give 30 days' written notice. Therefore, you must give written notice in the month preceding the next one month term. For example, you should give notice by June 30 in order to terminate the lease in July.
OTOH you can argue that the lease is ambiguous and the 10 day rule applies in which case you would have had to give notice today to effectively terminate the lease in June.
OTOH you can argue that the lease is ambiguous and the 10 day rule applies in which case you would have had to give notice today to effectively terminate the lease in June.
This post was edited on 6/21/14 at 12:14 am
Posted on 6/21/14 at 12:17 am to markasaurus
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.
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.
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