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09-11-2007, 01:02 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 4
| | | Question about expired lease
Louisiana - Hi, our lease expired at the end of July but we have not been in contact with our landlord since then and have continued to live here and pay rent. We would like to move out at the end of the month but I can't figure out a section of the lease. I would really appreciate any help here.
The section Surrender Of Premises goes as follows:
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At the expiration of this lease, or its termination for other causes, Lessee is obligated to immediately surrender possession, and should Lessee fail to do so, he consents to pay any and all damages, but in no case less than five times the rent per day, with Attorney's fees, costs, etc. Lessee also expressly waives any notice to vacate at the expiration or termination of this lease and all legal delays, and hereby confesses judgment with costs placing Lessor in possession to be executed at once. Should Lessor allow or permit Lessee to remain in the leased premises after the expiration or termination of this lease, this shall not be construed as a reconduction of this lease.
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So, are we screwed?
Thank you,
Cottony  |
09-11-2007, 01:17 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 1,035
| | Nope. You are now month to month tenants, as long as the lease does not have a renewal clause. A quick google of Louisiana landlord tenant law found that 10 days is the required notice to terminate a month to month tenancy. Give your written notice ASAP and you should be all set. |
09-11-2007, 01:47 PM
| | Junior Member | | Join Date: Sep 2007
Posts: 4
| | | The only section I can find in the louisiana civil code that deals with this is [url]http://www.legis.state.la.us/lss/lss.asp?doc=109785[/url] on reconduction and it sounds like the lease lease says that reconduction doesn't apply "Should Lessor allow or permit Lessee to remain in the leased premises after the expiration or termination of this lease, this shall not be construed as a reconduction of this lease.". So is it still just automatically a month to month lease? |
09-11-2007, 05:44 PM
| | Senior Member | | Join Date: Oct 2004 Location: Phoenix, AZ.
Posts: 2,456
| | Quote:
Originally Posted by cottony  The only section I can find in the louisiana civil code that deals with this is [url]http://www.legis.state.la.us/lss/lss.asp?doc=109785[/url] on reconduction and it sounds like the lease lease says that reconduction doesn't apply "Should Lessor allow or permit Lessee to remain in the leased premises after the expiration or termination of this lease, this shall not be construed as a reconduction of this lease.". So is it still just automatically a month to month lease? | The lease cannot violate LL/T laws of your state. If the state LL/T laws allows a provision, but the lease denies it, state law trumps.
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