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Can they legally do this since they agreed to both terms outlined in our texts?
Anonymous2 views2 answers
In January of this year (2016), I found that I could not afford my current rent of $2000 a month and I informed my landlord and he agreed that we could go month to month for $1300 a month until a new tenant was found. Then, I started looking for a new place to live and the apartment complex I am moving to tried to contact him multiple times throughout the month of February to no avail. I informed him after he texted me about the rent check that I was moving and he said it was okay but I would owe him $45 a day prorated rent for the time in March I was there getting my stuff moved out. So today (3/5/2016) his wife came and delivered a paper stating they would take legal action if I didn't pay $2000 a month until the lease agreement ends or they find a new tenant.
If you have a writing that can serve as evidence of the "agreement" you made, you might be able to enforce it in court, absent a writing, the court will lean heavily on the lease agreement and its terms.
Since many landlord tenant attorneys offer free consultations, might be a good idea to contact a couple in your area to see if in a face to face discussion the local attorney can identify any other grounds on which you might be able to convince the LL (which ever one is your landlord, the wife or the husband) to allow you to breach the lease agreement with minimal penalty.
Lauren G. ColemanFamily Law AttorneyAlexandria, LA ·
I agree with the other attorney. Normally a lease is upheld and the landlord has the right to enforce all the terms and conditions of the lease including suit for unpaid rent. The landlord is required to try to rent the apartment. Your text messages may convince a judge but in Louisiana a contract involving immovable property (real estate) must be in writing.
