Prairieville, LA asked in Contracts, Landlord - Tenant and Real Estate Law for Louisiana

Q: Our landlord forgot to get us to sign the lease, can I leave ? & would I get my deposit back?

We've been living in this apartment for 2 months now, paid a $800 deposit & $800 rent. Since we've been here.. the oven wasn't working, they had to replace that. & roach problem began starting from our dirty neighbors next door. & now they are maggots coming out of the base boards, so we thing their is something dead in the wall. We are ready to leave! The landlord forgot to get us to a sign a lease. So can we just leave ? & if we do, will we get our $800 deposit back?

1 Lawyer Answer
Christie Tournet
Christie Tournet
  • Mandeville, LA
  • Licensed in Louisiana

A: A lease agreement need not be in writing to be binding. An oral lease is valid under Louisiana law. And, the payment of an set monthly price tends to support that an agreement as to the thing, price, and term was reached. Still, the fact that the lease was not reduced to writing may help simplify reasons for terminating the agreement - especially, if there are concerns as to a safe habitat. Still, it may be prudent to advise in writing of the reasons for concern, provide a time period for curing, and if that fails, then you should have greater support for termination of the lease, if lessor decides to pursue the remainder of the rent for the agreed upon term. Also, you need to demand deposit upon leaving, provide address for return, and if not provided in 30 days,or an itemization of repairs, you can then seek your deposit and fees and costs. But, lessor will also, likely, argue early termination of the contract as a reason for withholding the deposit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.