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  1. #1
    Join Date
    Jan 2010
    Posts
    15

    Default Landlord Agreed to Let Tenants Stay Past Lease (Month-To-Month), Won't Return Deposit

    My question involves a security deposit in the State of: Louisiana.

    He says he doesn't have to give it back because I didn't give him 30 days notice. But everytime I tried to let him know about me wanting to leave, he wouldn't pick up his phone or answer e-mails, and now that I'm moved out, he still won't. I lived there from Sept. 09 to Sept '10.

    What should I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Landlord Agreed to Let Tenants Stay Past Lease (Month-To-Month), Won't Return Dep

    you needed to give him written notice. all you had to do is send it in the mail.

    Art. 2729. Notice of termination; form

    If the leased thing is an immovable or is a movable used as residence, the notice of termination shall be in writing. It may be oral in all other cases.

    In all cases, surrender of possession to the lessor at the time at which notice of termination shall be given under Article 2728 shall constitute notice of termina*tion by the lessee.

    Acts 2004, No. 821, 1, eff. Jan. 1, 2005.
    You only had to give a 10 day notice though, not 30 days.

    Art. 2728. Notice of termination; timing

    The notice of termination required by the preceding Article shall be given at or before the time specified below:

    (1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period;

    (2) In a month-to-month lease, ten calendar days before the end of that month;

    (3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and

    (4) In a lease whose term is measured by a period shorter than a week, at any time prior to the expiration of that period.

    A notice given according to the preceding Paragraph terminates the lease at the end of the period specified in the notice, and, if none is specified, at the end of the first period for which the notice is timely.

    Acts 2004, No. 821, 1, eff. Jan. 1, 2005.

  3. #3
    Join Date
    Jan 2010
    Posts
    15

    Default Re: Landlord Agreed to Let Tenants Stay Past Lease (Month-To-Month), Won't Return Dep

    Thank you very much. That was very helpful.

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