Real Estate Law
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Can you please tell me what type of rental property you're talking about? Do you mean an apartment? Renting equipment? And do you have a written contract?
I'll look forward to hearing from you,
Jane Doe Deer
Here is a link to a very handy landlord tenant guide book: http://www.studenthurricanenetwork.org/LAmanual_tenant.pdf
Here is a link to the code, found in Civil Code 2668 - 2729. http://www.legis.state.la.us/lss/lss.asp?folder=67
The ones of special interest to you are probably:
Art. 2704. Nonpayment of rent
If the lessee fails to pay the rent when due, the lessor may, in accordance with the provisions of the Title "Conventional Obligations or Contracts", dissolve the lease and may regain possession in the manner provided by law.
Art. 2728. Notice of termination; timing
The notice of termination required by the preceding Article shall be given at or before the time specified below:
(1) In a lease whose term is measured by a period longer than a month, thirty calendar days before the end of that period;
(2) In a month-to-month lease, ten calendar days before the end of that month;
(3) In a lease whose term is measured by a period equal to or longer than a week but shorter than a month, five calendar days before the end of that period; and
(4) In a lease whose term is measured by a period shorter than a week, at any time prior to the expiration of that period.
A notice given according to the preceding Paragraph terminates the lease at the end of the period specified in the notice, and, if none is specified, at the end of the first period for which the notice is timely.
Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
Art. 2729. Notice of termination; form
If the leased thing is an immovable or is a movable used as residence, the notice of termination shall be in writing. It may be oral in all other cases.
In all cases, surrender of possession to the lessor at the time at which notice of termination shall be given under Article 2728 shall constitute notice of termination by the lessee.
If the tenants don't move out on their own, you're going to have to get a court order to make them move. Once you get the court order, the sheriff will move the tenants out for you.
You'll be ok. Be prepared for the worst, and you're always prepared for the best. © 2008.
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I saw nothing for or against doing this. It would be safest for you to have this in a written agreement, signed and dated by both you and the renter. $10.00/day certainly sounds reasonable to me - almost TOO reasonable.
One thing you may want to try in the future is an award instead of a penalty.
Let's say you want the rent on the first of the month. You put in the agreement that the rent is due on the 3rd of the month, but, if they get it to you by the first, they can take $50.00 off. It's more of the carrot than the stick approach.
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