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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 115494
Experience:  Attorney with over 24 years experience.
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Background: I have a tenant in Monroe LA. the property is impacted

Customer Question

Background: I have a tenant in Monroe LA. the property is impacted by flood, water was in house for 3 weeks+. Tenant had moved out during that time. I have a lease signed with article 4701 waiver. Water is gone since 4/6 they had promised verbally to empty contents by Sunday 4/11. Now they are saying it will take longer. I have 1 month deposit and 1yr rent from 6/2015-6/2016. One room still is packed with things and kitchen, utility room, bathrooms.
Question: the house has mold and we need their contents out to start ripping out dry wall. If they keep on dragging out the dates, what are my options to get the house empty. Also what is the legal rule for rent in Louisiana in this scenario.
Thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have the 4701 waiver, you technically have a right to access the premises immediately according to the waiver. So, you have the right to give them a written notice now, since you have set a course of action to give them time to empty the contents by 4/11, and inform them that they have until a set date and that after that time the contents will be removed and disposed of as abandoned. You should give them a reasonable time (usually not more than 5 more days) and tell them that after that time you will dispose of the property. Furthermore, since they have caused a delay in you repairing the property, you are entitled to damages from the time that they were supposed to remove the property, which would be in the form of pro rated rent for the number of days they delayed in removing their property.

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