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?
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.
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