Legal Question in Real Estate Law in Louisiana

landland/tenant security deposit

My tenant gave me a written notice that she would vacate the premises at the in of February as she did not want to renew the lease. She then stayed 5 extra days which put her into March because she was having problems locating another place to stay. I told her that I would not charge her for the extra days but that she had forfeited the $425.00 security deposit because she had not moved out as per her handwritten notice inwhich I agreed. Now she is taking me to small claims court. Was I in the right in keeping the deposit. Can I request a months rent since she stayed and March rent was due in a counter claim? There were also damages can I request monies for repairs and clean up also? Thank You!


Asked on 3/09/02, 1:17 am

1 Answer from Attorneys
George Caballero Caballero Law Firm

Re: landland/tenant security deposit

It depends on what your written lease states. Also the first sentence of your question is confusing "at the in of February." I do not know when she gave the notice. When did the lease term end? Was there a written lease?

If she complied with the terms of the lease she may be entitled to her deposit. But, was it agreed on by both parties that she could stay in March in forfit her deposit? If so that is your defense. If she owes you money for cleanup and repairs you should make a recopnventional demand (counter claim) for all amounts that you are owed.

Read more
Answered on 3/10/02, 10:57 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Louisiana