Legal Question in Real Estate Law in Louisiana
I signed a 2 year lease on a residental property in Lafayette LA in July 2009 to end in June 2011. In Feb 2010 I found out that the house I was leasing was being foreclosed on. I contacted the landlord and he told me that they were working with the bank but that they didn't think they could make the payments and he told me to keep my March payment and find somewhere else to live and he even told me he would send me my deposit back and help me move. Well the property did not get auctioned until May of 2010. Now, my landlord is asking for rent for March, April and May, even though I am currently out of the house. Does he have any legal grounds to come after me for the rent? Did he break the lease by not allowing us "quite enjoyment"? I know that I have legal grounds to go after him for moving expenses, etc. but I would really hate to go through all of that. I guess my real question is, did he break the lease by letting the house go in to foreclosure with me having a 2 year lease on the property or did I break the lease by not paying rent, even though he told me to keep it? Thank you so much in advance! God Bless
1 Answer from Attorneys
He broke the lease. He can't expect to hold you to the lease after he broke it by failing to deliver possession to you for the entire lease term.