Ponchatoula, LA asked in Contracts and Landlord - Tenant for Louisiana

Q: If I broke a lease can my landlord decide not to rent the apt after i'm gone to make me responsible for the remaining

Technically my landlord broke the lease first by entering my apartment several times while i was at work without my permission and the law states that when the lease is broken the landlord must actively be looking for a new tenant and once rented the last tenant would only be responsible for the months the apartment was vacant. But now the landlord has decided not to rent the apartment at all and is trying to make me pay the remaining of the lease. I was wondering if this is legal or does she have to rent it since if i wouldn't have left she would have been renting it anyway.

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

A: The landlord may be entitled to certain relief under the contract, but it also cannot sit back and refuse to market and lease the property in attempt to collect greater damages. The landlord has a duty to mitigate its damages. So, whether the landlord marketed, showed, and attempted to lease the property will likely be at issue. Also, if you have any written correspondence showing prior issues with the landlord entering your premises - in a method that violates the lease between you -- that may also assist in defense of damages claimed against you.

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