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View Full Version : Owner wishing to take possession of home Louisiana


louisianabc
01-12-2007, 08:43 PM
My landlord wishes to take possession of the home we have only served one year of a five year lease, do most states allow this to happen?

Another quick question, to have an attorney look at the lease to see if we have any recourse what is the normal fee for this?

IrishNodak
01-13-2007, 11:09 AM
We need more info to answer your question. Did the LL give you notice? Why does he want to "take possession?" What does your 5 year lease say as far as grounds for breaking the lease?

As to the costs of attorneys we really can't answer that. Some will give you a free consult and some will charge you for an hour of their time which is probably $300 or more. Ask before you schedule the appt.

Brook
01-13-2007, 02:44 PM
My first question would be whether a 5 year lease is legal in Florida. There are States where an apartment lease may not exceed 3 years. As for breaking the lease, he can ask and if you say no, then the negotiations start and you can hold out for compensation. On a personal note…. If you don’t mind being dogged for 4 years you may be able to stay but you will probably need to walk on your tip toes for the next four years and be careful not to break any clause that may be interpreted as a break in the lease agreement.

louisianabc
01-15-2007, 10:38 AM
We need more info to answer your question. Did the LL give you notice? Why does he want to "take possession?" What does your 5 year lease say as far as grounds for breaking the lease?

As to the costs of attorneys we really can't answer that. Some will give you a free consult and some will charge you for an hour of their time which is probably $300 or more. Ask before you schedule the appt.

The landlord called and said that because he is moving back into the area and the rents here are so expensive he would like to move back into the house. What disappoints me the most is that we signed a five year lease with a purchase price of $100,00 at the end. He basically feels that because past tenants have walked out on him that he can put us out with no problem. As far as breaking the lease the only reason it says that the lease can be broken is if we are in default. There also a clause about Serverability - "If any portion of thes lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that Any proovidsion of this lease is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provision shall be deemed to written, contrued and enforced as so limited." It also states that at the end of the lease we should leave the premise as it was when we got it. Other than these clauses or abandonment I cannot see where the contract would not be enforceable. We have also paid all rents on time. This really is trying my nerves. We finally had our family settled and now this. Any advice would be greatly appreciated.

louisianabc
01-15-2007, 10:39 AM
My first question would be whether a 5 year lease is legal in Florida. There are States where an apartment lease may not exceed 3 years. As for breaking the lease, he can ask and if you say no, then the negotiations start and you can hold out for compensation. On a personal note…. If you don’t mind being dogged for 4 years you may be able to stay but you will probably need to walk on your tip toes for the next four years and be careful not to break any clause that may be interpreted as a break in the lease agreement.



The landlord called and said that because he is moving back into the area and the rents here are so expensive he would like to move back into the house. What disappoints me the most is that we signed a five year lease with a purchase price of $100,00 at the end. He basically feels that because past tenants have walked out on him that he can put us out with no problem. As far as breaking the lease the only reason it says that the lease can be broken is if we are in default. There also a clause about Serverability - "If any portion of thes lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that Any proovidsion of this lease is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provision shall be deemed to written, contrued and enforced as so limited." It also states that at the end of the lease we should leave the premise as it was when we got it. Other than these clauses or abandonment I cannot see where the contract would not be enforceable. We have also paid all rents on time. This really is trying my nerves. We finally had our family settled and now this. Any advice would be greatly appreciated.

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