Asked in Criminal Law and Landlord - Tenant for Louisiana

Q: does my landlord have to return my deposit if we moved out after only a month, but no lease was ever signed.

Only lived there a month, and landlors failed to provide lease like he said he would. We ended up having to move for other reasons. There was no damage or unpaid bills and we also found someone to rent the trailer for him since we were moving.

1 Lawyer Answer

A: An oral lease can be binding. Generally, if there is no agreed upon term, or the lease expires and the tenant continues to rent, then the lease becomes month to month. So, if you all agreed to a specific term, that could be binding. Still, if you found someone to assume the lease and you know that person was able to readily move in, because no damages, and the landlord is collecting rent from the new tenant, then you should send written demand for return of your deposit. As long as you did not break the lease, or abandon without finding a new tenant, then, by Louisiana law, the landlord must return your deposit or an itemization of damages within 30 days from termination of the lease. Try sending written demand.

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