Louisiana Law Regarding the Elderly Breaking Their Lease
A tenant who signs a lease agrees to live at the rental property through the length of time listed on the lease agreement. To move out early, the tenant will need to break the lease. Doing so could result in fees due to the landlord. The Louisiana Landlord and Tenant law does not include special rules for the elderly, and senior citizens are treated the same as anyone else for lease agreements.
Fees
By signing a lease agreement, a tenant agrees to pay rent every month through the entire term listed on the lease. A tenant who breaks a lease is still obligated to pay for the rent throughout the term. The landlord can also keep the tenant's security deposit for unpaid rent. Though there are no special provisions in Louisiana law for the elderly, some landlords may work with an elderly tenant and offer a settlement fee for the tenant to break the lease.
Personal Property
If a tenant moves out of a property without notifying the landlord in writing, the landlord can consider the property abandoned and take possession of the rental unit. The landlord has the legal right to store any personal belongings that have been left in the property. A tenant can retrieve his belongings from storage, but must pay the landlord for any costs associated with moving or storing the belongings.
Subletting
In a sublease agreement, the original tenant finds a new renter to move into the rental property and take over the remainder of the lease agreement. Landlords in Louisiana can allow subletting, but must include a clause in the original lease expressly stating the policy. If the lease agreement allows subletting, the tenant can find a new tenant without paying any fees to the landlord, as long as the landlord approves the new tenant. If the new tenant fails to pay the rent, though, the landlord can still collect from the original tenant.
Tips
A tenant should notify the landlord of any plan or need to break the lease, and try to work out a settlement. If no arrangement with the landlord is possible, the tenant should seek legal advice. Legal Aid provides free or discounted legal advice to elderly renters living on a low or fixed income. LawHelp.org provides a list of Legal Aid offices in Louisiana on their website.
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