Legal Question in Real Estate Law in Louisiana

Is the landlord required to inform you when your lease is about to expire?

I have a small business and was originally in contract with a tenant who has since died and the shopping center, where I lease, was sold to a large corporation. My lease was a 10 year lease. There was an option in the lease I was not aware of. The option was that I had to renew my lease, in writing, within 100 days of it's renewal, for it to renew without any problems. I didn't realize this and my landlord didn't inform me of this fact. Now the landlord is trying to tell me that I am now month-to-month, whereas I thought my lease was until 2007. I was in contract to sell my business but now the sale cannot go through because of this issue. Please let me know if the landlord was responsible to inform me in writing of the lease that was getting ready to expire.

Thank you.


Asked on 8/10/02, 1:43 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Is the landlord required to inform you when your lease is about to expire?

The lease is the law between you and the landlord. If the lease states that you must be notified of the 100 day provision, then you should have been notified. Since you did not mention the wording of the lease, I assume it does not say that. Since you signed the lease, it is presumed that you knew what the terms of the lease were. Since 2007 is only 5 years away, I additionally assume that the option was supposed to be exercised in 1997. From the bare facts presented, it would appear you are indeed on a month to month lease. NOTE: IF YOUR ORIGINAL LEASE WAS NOT RECORDED IN THE PARISH RECORDS, AND YOU HAVE NOT EXECUTED A NEW LEASE WITH THE NEW OWNER, THE NEW OWNER HAD THE RIGHT TO TERMINATE YOUR TENANCY EVEN IF YOUR ORIGINAL LEASE HAD SEVERAL YEARS ON IT. THE BUYER HAS THE RIGHT TO RELY ON THE PUBLIC RECORDS TO INFORM HIM OF THE OBLIGATIONS OWED BY THE PROPERTY HE IS BUYING AND SO IF YOUR LEASE WAS NOT RECORDED WHEN THE PROPERTY WAS PURCHASED, YOU HAVE ALWAYS BEEN ON A MONTH TO MONTH.

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Answered on 8/10/02, 2:23 pm


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