Legal Question in Real Estate Law in Louisiana

My brother, his wife and I own a 4 plex. My cousin and her boyfriend have rented my old apartment fully furnished (decor, wall hangings, a completely furnished kitchen and all of my furniture). A few weeks ago I discovered that they were not taking care of my belongings to my satisfaction. We (the 3 of us) have decided that it is within my rights and neccesary for me to pack up all of my things (kitchen items, wall hangings and all decor). The question is about the furniture. My cousin and her boyfriend do not have a lease with us, they have not paid a damage deposit and we are giving them a $200/month break on the rent. My brother feels that we are breaking our "agreement" with them because we said that we would rent them a furnished apartment. I say that they have broken that "agreement" by being disrespectful to my belongings, therefore we no longer have to honor the "agreement". He and my sister-in-law don't think it's fair to take all of the furniture out at once, that we should do it on a graduated basis, so that they will have time to replace it. And, now, he is considering replacing my furniture (that I will take out over a three month period) with used furniture. I have chosen to give in on removing the furniture gradually, so as to keep the peace. My brother intends to use our "slush" fund money we have accumulated for the 4 plex to pay for this replacement furniture. I cannot seem to get any sense into him or my sister-in-law to make them understand that when my cousin chose to be careless with my things she nullified the "agreement". My sister-in-law said that it was agreed upon that they should be taking care of my things, she said that that was not "specifically" discussed. But, I didn't tell my cousin that she couldn't throw the refrigerator down the front steps either, but my brother and my sister-in-law do agree that that would be breaking the agreement. HELP in New Orleans


Asked on 1/09/11, 7:14 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

The lease without a signed document is a month to month lease. With 30 days written notice, you can change any part of the agreement or evict. They can also choose to move out with the same notification.

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Answered on 1/15/11, 5:59 am


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