Legal Question in Landlord & Tenant Law in Louisiana
I had a month-to-month lease, and gave my landlord 30- days notice on January 20th that I would be moving out in February. He told me the lease would have to go to the end of the month. I paid the full month. He then called me to see how early I could be out because he had new tenants. He said he would refund me some of my rent once they moved in. I moved out on Feb. 21, although the utilities remained on. The new tenants moved in on Wednesday, Feb. 23. However, he only reimbursed me for 5 days, starting with Thursday. I asked him about this and he said he didn't charge them rent for this day because he allowed them to move in early. Should I have to pay for rent, even for a day, when someone else was occupying the house?
2 Answers from Attorneys
The lease controls all issues regarding tenancy. 30 day notice usually is given at the beginning of the last month as the landlord is entitled to rent for a full month. Once a different agreement was made, those terms would apply. The amount to be refunded was vague and probably should have included a pro rata arrangement.
You should not have to pay, but it is silly to pursue 1 day......there are so many variables in your case....including the written contact, which is the most binding, plus the verbal agreements, and the effect they have on the written instrument, that you could find yourself wanting 1+ days of reimbursement, and end up owing money.
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