Landlord demands rent after evicting

May 8, 2008 9:01 PM

How do I find this case to show a landlord that he can not collect rent after an eviction? I found this cite in Louisiana Landlord and Tenant Law. "The landlord should not be able to claim rent for the period after a tenant vacates the apartment pursuant to an eviction notice. McGrew v. Milford, 255 So. 2d 619 (La. App. 4th Cir. 1971). "

In Louisiana some young friends of mine were evicted April 15 from their apartment. They did not fight the eviction. The eviction was for noisy behavior, neighbor complaints, run of the mill stuff for 18 year old guys. The lease would have expired in November of 2008.

The landlord has sent them a letter demanding full payment for the remainder of the lease, a total of $6300. I feel that this landlord is trying to take advantage of their naivety.

I would like to print this case out so they can include a copy with their response. My google-foo is failing me tonight.

posted by JujuB to law & government (13 comments total)

Have them talk to a lawyer. Since it's a landlord/tennant dispute, if the landlord is in the wrong, they should have to pay the legal bills if your friends win.
posted by delmoi at 9:10 PM on May 8

I've emailed you a PDF copy :-)
posted by miss cee at 9:20 PM on May 8

Thank you miss cee, the boys will be thrilled!
posted by JujuB at 9:44 PM on May 8

For future reference, unless you have friends with access to databases like Westlaw and LexisNexis, probably the best way to get copies of a relatively old case like this is to go to a major library. Public libraries probably have subscriptions to those databases, and a university library certainly would. There has been some movement recently toward opening up case law like this to the public (and there was a MeFi post on the topic, as I recall), but for now, unless you are a lawyer/law student or know one, you have to go to a library.
posted by chinston at 9:56 PM on May 8

You can also go to a law library. Even though you won't know what you're doing, law librarians are exceedingly helpful and will always help walk-ins (but won't give out legal advice/interpret things, etc.)
posted by lockestockbarrel at 10:01 PM on May 8

In case this goes much further than your friends calling the landlord's bluff, make sure they get a local lawyer. Almost all landlord-tenant law exists at the state and local level, and while most states' codes are similar enough to one another, Louisiana is different. General info they might find online, in other words, might not apply to them.
posted by electric_counterpoint at 10:13 PM on May 8

I'd be more worried about them getting their deposit back now, but luckily this move by the landlord should give them a stronger position if they need to talk him to small claims court.
posted by jeffburdges at 2:59 AM on May 9

A letter citing a case from the tenant will mean next to nothing. The very same letter from a lawyer will carry much more weight.
posted by yclipse at 4:32 AM on May 9

A letter citing case law and refusing to pay $6300 on that basis would carry plenty of weight, and put the onus on the landlord to pay for laywers first. Just make absolutely certain that said case law is applicable. If you have a local tenants' association, check with them.
posted by flabdablet at 4:45 AM on May 9

Their deposit is likely toast, though, unless they truly want to get themselves on the unofficial, illegal and of course no such thing could possibly exist bad tenant blacklist.
posted by flabdablet at 4:47 AM on May 9

Isn't an initial security deposit naturally forfeit if the landlord has to evict someone? I mean, it's there to ensure good behavior and stuff like that, right? And to compensate the landlord for stuff he has to go through in case of bad tenants (to help pay for replacing the carpet after he has to kick out a family of ritual pig-slayers, for example).

So if they got evicted (which causes a lot of difficulty, paperwork, fees, etc. for the landlord), doesn't the tenants' right to the deposit automatically disappear? It doesn't seem to me that they'd have any claim to it, but I don't know anything about tenant law.

Even so, best of luck to your two friends and the rest of their $6300. The landlord's request does seem very unfair: after all, they didn't break their lease. He did.
posted by GardenGal at 7:09 AM on May 9

Are these 18 year old guys in college? They should check their school for a student legal services department who should be able to help figure out the local tenant laws.
posted by icebourg at 9:07 AM on May 9

OP, out of curiosity where in Louisiana? New Orleans?
posted by radioamy at 9:18 PM on May 9