Should I have to pay rent due to Hurricane Katrina in Louisiana?

[aab1309]

What is the name of your state?What is the name of your state? Louisiana

I was wondering....I live in Harvey, LA, outside of New Orleans. We were under mandatory evacuation for the hurricane and still are at this point in time. Legally, do I have to pay rent for my house for September? I haven't been there since August 27. And due to hurricane damage, there is a leak in my roof in my bedroom and there is mold/mildew in my house b/c of this damage. It is not livable b/c of this reason. Please resond.
-annie

 

[JETX]

Legally, do I have to pay rent for my house for September?

Most state laws allow for termination of the lessee's obligation in the case of a catastrophic loss of the property.
HOWEVER, a cursory review of the Lousiana Code isn't as clear.

The Revised Statutes shows:
§3260. Premises rendered uninhabitable; mitigation of damages
When a lessee or tenant of commercial, residential, or dwelling premises has been constructively evicted from the premises, and when the premises are rendered uninhabitable through no fault of the lessee or tenant, the landlord or lessor shall be required to mitigate his damages.

Since the OBLIGATION has moved to the landlord to mitigate... I interpret that as your obligation is waived. I suggest contacting the landlord to confirm your release from the lease.