Full question:
My tenant vacated my rental house without paying her December 2008 rent. She did not advise me of her leaving and breaking the contract she had until March 2009. She was to give a two months notice if she was going to renew the lease. She did not return the key of the place or gave notification of anything, she does not even return the calls, or hang up when she hears my voice on the cell. What should I do next to get the back rent and the months she owes according to the contract? Can I get in the house with another key and can I advertise the place for rent? Thank you for your answer.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Louisiana
Answer:
If a tenant abandons a rental property, it is generally considered a breach of contract. As the landlord, you are required to mitigate your damages by attempting to re-rent the property. This means you can and should re-enter the property, advertise it, and show it to potential tenants. Any rent you collect from new tenants will reduce the amount the former tenant owes you.
You can pursue a breach of contract action to recover the unpaid rent. If you win, you may also be awarded court costs and attorney fees. According to Louisiana law (La. Stat. § 9:3259), if a tenant fails to pay rent, you must deliver a written demand for the rent due. This can be done by certified mail, personal delivery, or posting it on the door of the rental unit. If the tenant does not pay within twenty days of receiving this demand, they may be liable for your attorney fees if you take legal action and win.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.