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I am in Baton Rouge, la. On 10/9/8 I rented a room in a

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I am in Baton Rouge, la.    On 10/9/8 I rented a room in a private home from Gen and her fiance Jack. I agreed to $550 rent and $550 damage deposit. No written agreement. It didn't work out. On 10/28/8 Jack and I had an angry confrontation and he said, "If you don't like it, there's the door". So I said I would look for another place. On 10/30/8, I found a place. I called Gen at noon that day and left her a message that I was moving out. I asked her to be there so she could inspect for damage and return my deposit and I would be gone. She wasn't there that night so I moved out, cleaned up and left her note say int thanks and good luck, call me and we'll meet to exchange the keys and deposit. She hasn't returned my call or responded to my note. I still have 8 days of paid rent though I am completely moved out. I now suspect they are pulling something. Do I have a problem getting my deposit? What should I do?
Submitted: 7 years ago.
Category: Legal
Expert:  LawHelpNow replied 7 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Please allow me to begin by saying I am sorry for what you have been through, and I hope that things get resolved appropriately.
  2. You did the right thing with the phone call and note. Your next step should be to send a written letter via certified mail--return receipt requested demanding the money due to you. Keep a copy for your records. If this does not work, your only legal recourse is to file an action in small claims court. This is the most informal of legal forums, and you can easily do this without an attorney. Here is a guide that will walk you through the process.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Customer: replied 7 years ago.


Thanks for the response. Several things occur to me, can you clear them up?


In the absence of a written agreement, is there any rule on the notice I must give?

Does the fact that I have paid for the next 8 days give me anything?

Should I move back in and leave differently or anything like that?

Expert:  LawHelpNow replied 7 years ago.

Hello again and thanks for writing back. I will be glad to answer your additional questions (in the order presented).


  1. While most written leases would stipulate 30 days, in this case you were under no such obligation. Louisiana law does not provide for any statutory notice you must give under these circumstances.
  2. I do think the eight days will make a huge difference, although you should include that as part of your monetary damages. In other words, calculate the pro-rated rent and include eight days' worth.
  3. I would not see any benefit in moving back in and leaving differently. This is sort of the opposite of the usual landlord-tenant dispute, which involves an eviction. Here, you are the one damaged and seeking redress. Under Louisiana law, your landlord must return your security deposit to you within 30 days of receiving your written demand. Failure to do so can result in having to pay additional damages to you.

I hope this is of some more help. Take care and thanks again for using Just AnswerTM.


[Please click the "Accept" button. This is the only way I will get paid for my services.]

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