Legal Question in Real Estate Law in Louisiana
Broken Lease/Property Manager Incompetent(sp)
My tenant in Louisiana broke his lease after 6 months without our consent. He gave the property manager a one-month notice of which we were unaware until after his departure. The tenant did pay a prorated rent for the last month in residence, but not enough to cover the # of days he was there. Our manager failed to collect a security deposit from the tenant, & continually sends us incorrect payments. We have gotten another tenant but at a substantially lower rent Our Property manager is unable to furnish adequate records, and continually acts in a manner different from our requests. Main?: 1. Where can I obtain information about Louisiana Landlord tenant laws. 2. What recourse do I have against the tenant who broke the lease? 3. What could I realistically collect? 4.How can I fire the property manager without suffering from breaking our contract with her?
The old tenant is in the military and I think we will be able to collect from him in some fashion. He had previously agreed, in writing, to pay rent until a new tenant was found, but has not done so
Any information or help in obtaining information would be greatly appreciated. Thank You
2 Answers from Attorneys
Re: Broken Lease/Property Manager Incompetent(sp)
Your fact situation presents several procedural and substantive problems that really cannot be answered without reviewing the applicable contract documents. Complicating this scenario is the fact that Louisiana typically does not permit judgments to be entered against those in active military service. If this is your situation, then your remedies against the tenant may have to await his discharge.
Louisiana's landlord/tenant provisions are contained in our Civil Code and in title 9 of our revised statutes. As a general rule, these provisions give the landlord the upper hand in any tenant dispute. Most Louisiana leases provide for acceleration of rent due when the lease is broken. This remedy is only available, however, where an action is brought to enforce the lease (as distinguished from one to evict). Most Louisiana leases also permit recovery of attorneys' fees expended by the landlord in enforcing the lease. Offset against the landlord's recovery are any rents that may have been received during the lease term. So, assuming that you can recover against the tenant (notwithstanding the military service problem), you could recover the number of months remaining rent times the monthly rent minus the rent received during the remaining lease term. You could also recover for any damage to the property.
With respect to your management contract, there is no way to respond to your question without reviewing the management agreement. Terminating the management agreement would also likely cause the manager to take a position adverse to you in any claim against the tenant. (Such as,"I told the tenant that no deposit waas required.") Your right to temrinate the manager for reasons other than incompetence would be governed by your agreement. I hope that this is of some assistance.
Perry Staub
Taggart Morton
2100 Energy Centre
Re: Broken Lease/Property Manager Incompetent(sp)
This is a general reply only and you should consult your attorney. You could: 1) Spend a whole bunch of money and hire an attorney to sue the management company for breach of contract; 2) For less money hire an attorney to write a demand letter to the management company which the company may ignore; 3) File a small claims case against the management company (u can do this by mail) and then show up here for trial; 4)Get a new management company; 4)Write the loss off your taxes and charge it to experience.
Lawrence (Larry) Hoffing
New Orleans Law, LLC
12621 River Rd.
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