Summary
Automatic renewal clauses in Louisiana leases can be tricky. Adequate notice usually means clear, conspicuous language in the contract. The Uniform Commercial Code (UCC) defines conspicuous, but it generally doesnt apply to residential leases. Free legal help is available from organizations like Southeast Louisiana Legal Services and Acadiana Legal Service Corporation. Low income is typically defined as at or below 200% of the Federal Poverty Level.Full Conversation
I am looking for grounds to get out of an automatic renewal clause in my lease that requires a 60 day notice to terminate. The deadline has passed but it is still the original term.
Hello ****. To provide you with the most relevant information, could you please inform me where you are located? Laws regarding lease termination can vary greatly depending on your jurisdiction.
Louisiana
Hello ****, here are some general points regarding automatic renewal clauses in Louisiana:
- Louisiana law doesn't specifically limit the duration of renewal clauses in lease agreements.
- If you were not given adequate notice about the renewal clause, a court might find it unenforceable.
- Legal advice is recommended for your specific situation.
What constitutes adequate notice
In Louisiana, "adequate notice" usually means:
- Clear and unambiguous language in the contract.
- The clause is conspicuous or brought to your attention.
- You had a real opportunity to review it.
However, the interpretation can vary case by case.
What is considered conspicuous
In Louisiana, "conspicuous" typically means:
- The clause is set off from other text, like in bold or underlined.
- It is in a larger or different font.
- It is given special attention or highlighted.
Again, interpretations can vary, so legal advice is recommended.
What laws or codes define conspicuous in Louisiana
In Louisiana, "conspicuous" is defined in the Uniform Commercial Code (La. R.S. *:*-*(b)(*)). It states:
*. A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it.
*. A printed heading in capitals is conspicuous.
*. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color.
Does uniform commercial code apply to residential leases in Louisiana
In Louisiana, the Uniform Commercial Code (UCC) does not generally apply to residential leases. Residential leases are typically governed by state landlord-tenant laws. However, for specific situations, it's recommended to seek legal advice.
Where can I find free legal help for this situation
In Louisiana, you can access free legal help from:
*. Southeast Louisiana Legal Services: Provides free civil legal aid to low-income individuals.
*. Acadiana Legal Service Corporation: Offers legal assistance to low-income individuals.
*. Louisiana Civil Justice Center: Provides legal information and resources.
Please contact them for advice on your specific situation.
What constitutes low income individuals
In Louisiana, "low income" is typically determined by the Federal Poverty Level (FPL). For *, a person is considered low income if their income is at or below *% of the FPL. For a single person household, this would be an annual income of approximately $*,* or less.