Legal Question in Real Estate Law in Louisiana

There are some cases that state that when a landlord accepts lower rent (or even late rent) for several months, he has changed the lease agreement by tacitly agreeing to the new terms. However, check your lease. Some leases state that nothing in the written lease may be modified even if the landlord accepts late or lower rent for months.

Your question is not entirely clear. It appears from your question that you have been accepting the lower rent for 12 months and want to go back and collect the additional 4% for all those 12 months. I think you may have a hard time doing that (at least as to the rent paid months ago). However, if it has been 12 months, you are upon your anniversary again and can increase the rent now based on the new anniversary. You can even cancel the lease (if the lease term is up) and force the tenant to move or enter into a new lease.

The most important thing is to read your lease fully and carefully. If it is a well-crafted lease, it should have some clause covering your present situation and an answer should present itself from within the lease.