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Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7192
Experience:  29 years of experience in Landlord Tenant Law.
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I have a question about tax incentives renting commercial

Customer Question

I have a question about tax incentives renting commercial property to diabled persons.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Loisiana New Orleans
JA: Has any paperwork been filed?
Customer: I'm the person who is legally blind. I want to rent a commercial property and want to be able to offer an incventive to the landlord that by renting to be he may get a tax break bevause of my disabilituy
JA: Anything else you want the lawyer to know before I connect you?
Customer: I also have another question about evicting disabled persons from a non-commercial property-- what's the process?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Attorney2 replied 11 months ago.

The site asked me to see if I could help you as no other attorney has picked up your question. What do you mean by incentives?

As far as a person being evicted was this based on their disability? The eviction process is the same, however, the reason cannot be based on the disability?

Customer: replied 11 months ago.
I received a 30 day notice to vacate yesterday. Since I'm legally blind, is it more dificult to force me to leave? Am I supposed to continue to pay rent?This is the notice:Good afternoon Vincent LoPreto,
You are hereby notified to vacate the premises described in the address above within thirty (30) days of the delivery of this notice.
Your lease is being terminated after numerous noise complaints before and after your final warning, given on Friday, October 17, 2016.
Per the lease: 9. OTHER VIOLATIONS & NUISANCE (A) Should the Lessee or guest at any time violate any of the conditions of this lease, and/or the rules and regulations, other than the conditions provided for in the immediately preceding paragraphs under the heading “Default and Abandonment” or should the Lessee discontinue the use of the premises for the purposes for which they are rented or fail to maintain a standard of behavior consistent with the consideration necessary to provide reasonable safety, peace and quiet in the apartment community (such as by being boisterous or disorderly, creating undue noise, disturbance or nuisance of any nature or kind, engaging in any unlawful or immoral activities, or failure to abide by the rules and regulations as specified below), and should such violation either continue for a period of five days after written notice has been given to Lessee (such notice may be posted on Lessee’s door) then, Lessee shall be ipso facto in default and Lessor shall have the option to demand the rent for the whole unexpired term of the lease which shall at once become due and eligible, or to immediately cancel this lease and obtain possession of the premises by giving Lessee written notice to vacate the premises. Creating fire on the premises are grounds for immediate eviction.
If you fail to vacate within this period, court proceedings will be taken immediately to evict you from the premises.
Thank you for your cooperation,
Expert:  Attorney2 replied 11 months ago.

I received a 30 day notice to vacate yesterday. Since I'm legally blind, is it more dificult to force me to leave? Am I supposed to continue to pay rent?

The procedures are the same, however, based on your disability the judge can provide you with additional time based on you disability if you request more time.

So basically they are saying that you are causing noise complaints. Is there any truth to the noise complaints?

If you do not move out within the 30 days the landlord MUST go through the court process. You have the ability to testify as to why this is not the case and that the eviction is wrongful.

Customer: replied 11 months ago.
The complaints are not valid and I could win in court I believe--but I'm fine moving out. I just don't want to pay rent for November because they've really screwed me here. But I don't think I have to. I just emailed building management and asked:Q: "Hi. Is my lease terminated as of this notice yesterday?"A: "Yes. If you would like to leave sooner you may."SO--if I they're saying I have no lease then I've no legal binding contractual obligation to pay rent for the remainder of my stay here (which will be less than 30 days)?
Expert:  Attorney2 replied 11 months ago.

What was the term of your lease?

Customer: replied 11 months ago.
I just moved in october 1 with a 12 month lease
Expert:  Attorney2 replied 11 months ago.

If they are evicted because (as they allege) you breached the lease that does not terminate your duty to pay unless you can get them agree to terminate the lease with no money due and owing. Let me pull up the law for you.

Expert:  Attorney2 replied 11 months ago.

When a tenant is evicted for the breach of the lease the landlord is required to mitigate their damages by actively finding a new tenant.

“This is because under Louisiana law (La. Civ. Code § 2002, Gray v. Kanavel, 508 So.2d 970 (La.Ct. App. 1987)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Louisiana requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms…

The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant,you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit tocover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $5,000 in Louisiana city court and $5,000 in Justice of the Peace court.”

Expert:  Attorney2 replied 11 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.