Legal Question in Landlord & Tenant Law in Louisiana
Louisiana Eviction Laws
My mother lives in Lousiana and has been told she has to vacate the house she rents on a month to month basis by THIS weekend. (This was told to her on Wednesday, May 13th.) Her rent for this month is paid in full, she paid first and last months rent plus deposit when she moved in. She has dogs, which are allowed, which she brings in every night. Her landlord told her by mouth only to leave this weekend b/c her dogs bark all night, he did not give her a Notice to Quit. What are her legal rights and options and can she get the money back she has already paid if she has to leave?
1 Answer from Attorneys
Re: Louisiana Eviction Laws
If she has no written lease, he must give her a 10 day notice before cancelling the verbal lease. Even if she violated the lease (and having dogs is not a violation of a lease unless there is a written lease stating "no pets"), he would owe her a 5 day vacate notice (unless the written lease waived the 5 day vacate notice).
As she has not violated any portion of the lease and has paid rent for this month, she should have to the end of the month. Nevertheless, he has no duty to accept next month's rent if she is on a month-to-month lease and he has informed her at least 10 days before the end of the month that he is cancelling the lease. She should be out by the end of the month.