Legal Question in Real Estate Law in Louisiana

We need some advice. We have rented a single family home for three years. The landlord was an absentee landlord for the entire tenancy and all communications were via telephone or email. There are two of us on the lease.

The first year we lived in the house there were no issues- rent was paid on time and everything was fine.

The second year the landlord raised the monthly rent by 100 dollars and we signed a second year's lease. The lease stated that the Lessor could do that if the raise was proportional to an increase in taxes, etc.

The third year after the natural expiration of the lease, we did not sign a new lease and our residency became tenancy-at-will on a month to month basis. In the first few months of the third year one of the Lessees received an email from the landlord stating that the last rent check was late and the intent to raise the rent again by 100 dollars per month for property taxes and wanted to make it retroactive for the previous month. A response was sent by that Lessee apologizing for the late rent and stating that a check would be sent for the extra money. There was no communication between that Lessee and the one that actually writes the checks for rent but the landlord continued to cash rent checks for the original (second lease term's amount) for the next several months with no communication that it was the incorrect amount.

In November the landlord called and stated that there was an agreement to send more money each month and the rent was 100 dollars more. We never signed an agreement as such and the only document regarding it was the email from several months prior. Is this email a valid and binding document? In tenancy-at-will can the landlord require a raise in rent for a month prior to the time they inform a tenant?

Additionally, we wrote of our intent to vacate the premises stating that we would be out on or before the first of the next month, giving the landlord 30 days. The landlord stated their intent to reoccupy the property and that they would need to move in three days prior to the date of our stated departure. We worked diligently to ensure that the property was clean and move-in ready by the date of the landlord's intended move date. We notified the landlord in writing of our request for a walk through to inspect the premises before their reoccupation, which was scheduled, and then denied. Upon our arrival to conduct the walk through and return the keys, we found that the landlord had already moved all of their furniture in and not made arrangements to compensate us for the three days rent.

Upon our meeting to discuss the return of our deposit, the landlord stated that because we failed to forward a letter from the tax assessor (mail was forwarded periodically to the landlord by us at no cost to them) fees and collection debts were assessed and because we failed to honor the emailed arrangement of the raise in rent they intended to keep half of our deposit. The former lease states that no amount of the deposit would be used as payment of rent. The landlord stated that it wasn't being held as rent, but for our share of the fees and taxes and that because the lease expired naturally, terms of the deposit detailed within were no longer binding.

So now what? Small claims court? Is the landlord right? Was that email communication a valid contract?


Asked on 2/01/11, 8:32 am

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

A contract is an agreement between two persons which consists of an offer or demand and an acceptance. An email could fit this definition. A month to month lease's terms can change from one month to another. Small claims court would be appropriate to attempt to have deposit returned but it may cost more than it is worth.

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Answered on 2/03/11, 6:23 pm


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