Monday, February 24, 2014

Eviction Procedures In Louisiana

Evicting tenants in Louisiana requires a three-step process.


If you have tenants who aren't paying their rents on time, or tenants have violated the terms of your lease, as a Louisiana landlord you have the legal right to evict these tenants. Evicting tenants in Louisiana requires a three-step process, and landlords must follow each of these steps carefully. Those who do will find that evicting tenants in Louisiana is a fairly straightforward process.


Notice to Quit


If your tenants are behind on their rents or have otherwise violated your lease--perhaps by hiding a dog in a no-pets building or selling illegal drugs from their units--you can start the eviction process by serving them with a Notice to Quit. This notice must state the reasons for the eviction.


You can either serve your clients directly or have your local sheriff or constable handle this job. Tenants must be given at least five days, not counting holidays or weekends, to vacate their units.


Your tenants may correct their lease violation or come up with their missing rent money after you serve them with a Notice to Quit. In Louisiana, though, you are not required to cancel the notice even if this happens. If you do choose, though, to accept even partial rent payments from your tenants, you then are required to cancel your Notice to Quit.


Rule to Show Cause


If your tenants do not willingly vacate their units after you serve them with a Notice to Quit, you'll have to take the next step in the eviction process: filing a Rule to Show Cause with your local district court. When you do this, the court will schedule a hearing at least three business days later. You and your tenants will be given a date to appear before a judge to state your cases.


The Hearing


During the hearing, you will explain to the judge why you are seeking an eviction. Your tenants, if they appear, will also have the chance to explain why they violated your lease or failed to pay their rent. As an example, they may argue that you did not respond to their calls regarding a lack of heat in their units, and withheld rent as a way to force you into action.


If the judge rules in favor of your tenants, they will be allowed to continue living in their units. If the judge rules in your favor, the court will issue a Judgment of Eviction. Your tenants then have 24 hours to vacate. If they don't leave within this time, you may have to request that law enforcement officials from your local sheriff's office escort them off the premises.








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