Legal Question in Landlord & Tenant Law in Louisiana

Me and my fiance signed a lease on a house for a year. After the year the landlord wanted us to buy the house. We said no, so they signed another year lease. One month after, they came to us and stated "we are going to put this house up for sale and our house for sale and which ever one sells first, we are going to move into the other". I spoke with my brother about moving in with him, due to he just got a divorce. He happily accepted. We called the landlord to ask when they were putting the house up for sale and breaking the lease. Now they said they are still thinking about what they are going to do. Are we able to break the lease, especially since I don't know if I will wake up one day with a sign in the yard?


Asked on 7/29/11, 5:44 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

You can't break the lease. You can record the lease, which will keep your landlord from breaking it. The landlord can't evict you himself while you have a lease (regardless of whether his other house sells or not). Now, if he puts your house up for sale and it sells, the new owner can evict you UNLESS your lease is recorded. So, if you record your lease, you can stay there no matter what.

If you want to leave, I would suggest you tell your landlord that he has to refund your deposit and let you leave, or else you will record your lease immediately. If your lease is recorded, your landlord won't realistically be able to sell the house. Nobody would buy a house with a lease on it unless they were buying it as a lease investment property.

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Answered on 8/10/11, 11:10 am


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