Can I advertise the place for rent if old tenant didn't tell me they we're renewing lease?
Full Question:
Answer:
The courts generally will treat the abandonment of a tenancy as a breach of contract. Therefore, under contract law principles, the landlord is obligated to mitigate (reduce) damages by reletting the property. If the landlord does not do this, the landlord will only be entitled to the amount that should have been obtained through an attempt to mitigate. The landlord not only can, but must re-enter the property, and must make reasonable attempt to relet it, such as advertising the property and showing it to prospective tenants. Any money that is recovered through that process will serve to lessen the damages the breaching tenant has to pay.
If a tenant breaches the lease by failing to pay rent, it is possible to bring a breach of contract action to collect the money owed. In some cases, courts costs and attorney fees may also be awarded.
The following is a LA statute:
9:3259. Unpaid rent; attorney fees
A. Whenever any lessee of any apartment building, house, motel, hotel,
or other such dwelling fails to pay rent that has become due and
delinquent, within twenty days after delivery of written demand therefor
made in accordance with the provisions of this Section, correctly setting
forth the amount of rent due and owing, the lessee shall be liable for
reasonable attorney fees for the prosecution and collection of such claim
when judgment on the claim is rendered in favor of the claimant.
B. Delivery of written demand for purposes of this Section may be
accomplished by mailing the written demand by certified mail to the last
known address of the lessee, by personal delivery to the lessee or by
tacking the written demand on the door of the leased premises.
C. The provisions of this Section shall apply to oral leases only.
