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Old 06-04-2013, 06:27 PM
 
Location: In the city
1,581 posts, read 3,415,379 times
Reputation: 2358

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I will preface this by saying I love living in New Orleans and don't want to leave BUT...

My life has been upside down for several months. My mom passed away from a short but very intense bout with cancer in April leaving behind a lot to do with her estate outside of DC. Between caretaking and meeting with realtors, investment advisors, family and attorneys I have been going back to DC every 1.5 weeks since the end of January.

In the meantime, my job in New Orleans has been through a lot of churn. I have had 7 supervisors in 14 months and with all the back and forth to DC, I have started to consider the wisdom of going back there. A great opportunity sort of fell in my lap and I expect that an offer will be coming shortly.

I have an enviable rental situation with a gorgeous and unique apartment. My lease ended on May 30 and I spoke with my landlord over the weekend to update him on my pending job offer. Mind you, I haven't decided to take it if it does come, but I wanted to give him a heads up. He said that was fine, but I may be responsible for paying the lease until my place was rented because I didn't notify him before my lease ended and it just "rolls over" to a new lease.

I was shocked. I am paying at least until August if I DO take the job, and I figured that was more than reasonable. My landlord and I have never had any issues and we have a great rapport. I may need him as a reference as well. I have never heard of a lease that requires the tenant to pay until the place is rented. What sort of incentive does that make for the landlord to even RENT the place at all if they are getting income? I am giving lots of notice-- I haven't even committed to leave yet. How can a lease bind you in perpetuity?

Any advice to how to avoid conflict and protect myself in this situation? I have been through enough in the past few months.
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Old 06-04-2013, 06:49 PM
 
Location: Mostly in my head
19,867 posts, read 58,787,641 times
Reputation: 19210
Read the state law stickie at the top of the Real Estate forum. LA should be th we re. Usually the LL has to take reasonable steos to rent it.
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Old 06-04-2013, 07:01 PM
 
Location: In the city
1,581 posts, read 3,415,379 times
Reputation: 2358
Thanks! I just read that and I have never dealt with a lease with an "automatic" renewal before. That's very frightening. I don't know now if I will be able to leave.
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Old 06-04-2013, 08:56 PM
 
Location: New Orleans
2,311 posts, read 4,414,447 times
Reputation: 1442
I would first take a look at your lease to see if, in fact, it does have an automatic renewal clause. If not, your landlord is SOL.

If it does, you can go to legis.state.la.us and click on "laws," then search the civil code for laws regarding leases, specifically the term "reconduction" (along with automatic). That should be some help; if you need more, I would consult an attorney.
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Old 06-05-2013, 07:31 AM
 
Location: Metairie, LA
1,087 posts, read 2,007,841 times
Reputation: 1448
You effectively signed a year lease on May 30th. If you leave, you can only be obligated for 1yr, worst case.
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Old 06-05-2013, 10:59 AM
 
Location: Man with a tan hat
799 posts, read 1,381,178 times
Reputation: 1450
That seems insane.

Does he know that you had a parent die from what seems like a prolonged illness? If he is a decent person and you have a good relationship there is no way he should hold you to that, especially as the lease just ended.
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Old 06-28-2013, 08:46 PM
 
Location: In the city
1,581 posts, read 3,415,379 times
Reputation: 2358
Here is an update. I took some great pics and posted the rental at work. I got a bite and had the couple came over this evening. They loved the place and met the landlord. All was going well until he pulls out his application on which he states the rent is $200 MORE than I pay or ANY of the units in the building had rented for (there are 3 other apartments). He also said he wants the tenants to sign a new lease. We had talked about the prospects seeing the place but nothing regarding the rent hike was mentioned. Frankly, the place isn't worth the new price.

Now, really, what in blazes is going on? Are they taking over my lease or are they signing a new one? If they are taking over, he can't raise the rent but the original obligation is covered. If they are signing a new one, it sure the heck seems like he is trying to make renting it as difficult as possible.

I work for the federal government and am essentially being told that I am transferring to this new job. They will pay to break my lease for two months. That's it. Seems fair to me. I have been a great tenant. Why is he being such a jerk? What is my recourse?
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Old 06-28-2013, 11:51 PM
 
Location: New Orleans
2,311 posts, read 4,414,447 times
Reputation: 1442
At this point, it sounds like he's just being a jerk. Not sure what recourse you have

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Old 06-28-2013, 11:57 PM
 
Location: New Orleans
2,311 posts, read 4,414,447 times
Reputation: 1442
Just to mention a name, I had a nightmare landlord a few years ago. They were impossible to pin down and thieves to the core. There was an article in the paper about a local attorney named Ben Misko who rented from them and was able to finally put them in a weak position and recover his money. Might want to try contacting him.

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Old 06-29-2013, 08:34 AM
 
Location: In the city
1,581 posts, read 3,415,379 times
Reputation: 2358
Thanks! I am going to talk to the LL today as well as make an apt with a real estate attorney. Anyone know of a good one?
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