Full question:
My daughter and I signed a lease for a college apartment on campus. The lease was a nine-month lease and four payments were to be made in the spring semester. They are contending that if a student leaves, the lease is still binding and the spring rental must be paid. 1. Does a lease have to be recorded to be binding? 2. If the apartment is leased to another person, can they collect rent from both people? 3. If I have to pay the rent, can they make me vacate even though the student is not attending the university if I have paid the rent?
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: Louisiana
Answer:
Generally, a lease does not need to be recorded to be binding. Under common law, landlords were not required to find a new tenant to mitigate damages if a tenant left before the lease ended. However, many states now have laws that require landlords to attempt to rent the unit to reduce losses. This means that if a tenant leaves early, any rent received from a new tenant must be credited to the original tenant's rent due.
Abandonment is typically defined as a tenant's absence from the property for a period without paying rent. If abandonment is established, a landlord can repossess the property and store the tenant's belongings. The tenant may reclaim their belongings within a certain timeframe but must pay for storage costs.
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.