This article provides a summary of the basic forms and procedures required to evict a tenant under Louisiana law. The three basic steps include: (a) service of the Notice to Quit; (b) filing and serving the Rule to Show Cause; and (c) the court hearing.
The First Step in the Louisiana Eviction Process – Notice to Quit:
The first step in an eviction proceeding is serving Notice to Quit on the tenant. The notice can be served by the landlord or through the Sheriff, Marshal or Constable. The law says that if the tenant cannot be found the notice can be posted on a door.
If the reason for the eviction is for non-payment of rent or a violation of the lease, the tenant has no less than five (5) days after receiving the notice to vacate. Saturdays, Sundays, and holidays are not counted in these five (5) days.
If the rent is on a month to month basis and the landlord does not want to renew it, the landlord must give at least a ten (10) day notice before the rent is due again.
If the rent is not paid on the date it is due, the law states that thereafter the tenant can still be evicted even if the tenant later tenders payment. The landlord is not required to accept payment.
If any part of the rent is accepted after the Notice to Quit has been filed, the owner loses his right to evict. Thus, a landlord should carefully consider whether he or she wishes to accept a partial rent payment from the tenant at this state of the eviction process.
Louisiana law requires that the Notice to Quit state the reason(s) for the eviction. For example, if the reason for the eviction is non-payment of rent, the notice must state non-payment of rent. If there is a lease violation, the notice must particularize the alleged violation. If there is no lease and the rental is on a month to month basis or if the lease is expiring and the landlord does not want to renew it, the notice must so state – the landlord is not required to give any reasons why he does not want to renew it, just as the tenant does not have to give a reason if the tenant wants to move out.
The Second Step in the Louisiana Eviction Process – the Notice to Appear/Rule to Show Cause:
If the Notice to Quit has been served, the required number of days have passed, and the tenant and/or his belongings still occupy the premises, the landlord must then file with the court (District Court, City Court, Justice of the Peace) a Rule to Show Cause. A court date, not earlier than the third day after service, is scheduled and the tenant is served notice to appear. Again, if the tenant cannot be found, the notice is posted on a door.
The Basic Elements for This Step Are:
1. File eviction in court after notice to vacate period is over
2. Court serves suit on lessee
3. Notice of court date (at Least 72 hours Away)
4. Court hearing
5. Judgment making rule absolute
6. There is a possibility of appeal within 24 hours
7. If no appeal, Court Officers effect eviction 24 hours later
The Third Step in the Louisiana Eviction Process – the Hearing:
At the hearing, the parties can testify and/or have witnesses testify and/or introduce any type of evidence supporting their position. If the landlord proves his case, the Judge must immediately render a Judgment of Eviction. The Judge does not have the authority to allow the tenant to stay a few days longer. The Judge must decide one way or other; he is not to take the matter under advisement. The tenant thereafter has (24) hours to vacate. If he does not vacate, the Judge must sign warrants authorizing the Sheriff, Marshal or Constable to do what is necessary to evict the tenant and his belongings from the premises.
For further information or to download Louisiana Eviction Forms, you may visit http://www.LousianaLeaseForms.com.
Marc A. Rapaport, Esq.
August, 2007
Filed under: Tenant Law
Are these laws consistent across each state or do they vary?
They are pretty consistent across the board. In order for you to be sure just put your state into google and do the eviction procedure search.
My question is: I know someone who had the 24 hours to vacate and when she went to her home on the evening that the 24 hours were up to get her belongings, the landlord had entered the residence and took everything out and put it to the street. The landlord helped himself to the residents computer. What if any rights does the resident have when this has happened. Thank you for your response.
carolyn, the landlord can be sued. While throwing the tenants property out would be hard to prove, taking any of the tenants belongings not left by the tenant is patently illegal.
The landlord cannot adjudicate anything to themselves as payment… indeed if they did theyd have to allow the tenant to stay some length of time. If a lanlord is in need of recompensation for damages or othherwise, they must take it out of the deposit or take the tenant to court.
Thank you Joe for your answer. Guess it would not be hard to prove that the landlord entered the residence and threw everything to the street when you have witnesses who saw him do it and witnesses who saw him take the computer to his home. I wil pass this on to the lady in question. She was heartbroken when she went to her residence that evening and saw everything she owned thrown into the ditch, not to mention the things that were missing.
I was wondering what the landlord is entitled to monetarily if he has to evict from non payment. I assume late rent and late fees at a minimum. What about legal fees, court fees, money loss for lease broken early, etc?
The landlord is entitled to all late fees and outstanding rent. The legal fees, court costs, money loss for a lease broken early is typically recovered by the landlord if the case goes to court and verdict goes to the landlord.
I have been living in my home for 3 years. And about 4 months after I moved in, I let my boyfriend move in. Now, I can’t get him out. The Sheriffs Dept. said to go to court to get him evicted. Why can’t the landlord serve him the eviction papers? That makes no sense to me. I would like some info on getting him out!
Is he on the lease agreement or mortgage?
I live in Louisiana. My husband and I are going threw a divorce. We have been living in our home for 3 years.During which time we have never paid rent. It was to be our home. We have done massive improvements to this home during our marriage. I found out his parent’s still “own” the home. He moved out a few months ago. I received an eviction notice from them by certified mail yesterday giving me 15 days to move out. How many days am I entitled to under law? Am I entitled to receive money back for all the work done to the home during the marriage? I was told it was considered marital contributions because of all the money we have put into this home.
Denise, I would suggest you contacting a lawyer immediately. I think the 15 days notice is not enough however since you haven’t been renting there probably wasn’t an agreement between the his parents and you.
You need to contact a lawyer.
Carolyn,
If your friend had the 24 hours & didn’t vacate, that was stupid on their part. Anytime a landlord does a legal eviction, the constable comes out & watches everything get moved to the street. While under the constable’s watch, nothing is to be taken by anyone, as that is against the law. Once the constable leaves, whatever is on the street is considered trash & anyone can take it. It is not considered stealins once it is considered a trash pile. It would only be considered stealing if the above steps were not followed.
Denise, unfortunately the law is not on your side in regards to your rental situation. However, the best place for you to address this would be in your divorce proceedings (as far as the material upgrades in the house). As the inlaws own the house & you do not have a written lease agreement, it is considered a holographic (oral) contract. With this type of contract, they have the right to give you a 10 day notice to vacate the property. Failure to do so can result in them filing eviction. Also, how can you assume you own a house if you have never been to a closing table? When you go to close on a house, the names of who owns the house is recorded on the paperwork. Anytime you go to close on a house in Louisiana, you do it in an attorney’s office. Transactions of a house going from one person to the next all have to be done legally. You just can’t roll up to the courthouse & change title (unless you are an attorney). Furthermore, closing attorneys do title searches to insure title is free & clear.
Renee, on what grounds would your landlord evict you other than that you allowed an illegal occupant in your apartment? Why should your landlord incur expense for you not following proper procedure & adding your boyfriend to the lease? If your landlord files eviction, they would file it on you too, dear. Then you will have an eviction on your record, which an eviction search can be pulled just like a credit report. What you should have done is told the sheriffs dept you told him to leave and you have forbid him to be in your apartment. You should have a copy of your lease agreement in hand when doing so to prove that he is not to live in your apartment. They can get him with remaining after being forbidden to stay. The 2nd option would be for you to give notice & move out of your apartment. But if your boyfriend refuses to move, the landlord would have to file eviction. And guess what? Since his name isn’t on the lease, that would be on your record. Lesson should be learned never to let someone move in & not put them on your lease!
Jason, your landlord is entitled to your rent, your late fees, and you paying all court costs (that is if the landlord agrees to drop eviction suit). You don’t pay it up and you proceed to court, you can consider yourself evicted. Now if he wins, he has the right to forfeit your deposit, in addition to all of the above, plus charge you the cost if he has to physically evict you, as well as any damages you have incurred, locks changed, and any other fees stipulated by your lease agreement.
I have a question from a landlord’s perspective. I am currently renting to tenants whom we are trying to evict. We served them a 30 day notice to vacate on 1 may. They did not and refused to make further payments. My question is in regards to the grounds to evict, and any options from there. They have broken the lease by subletting which is the stated reason on the notice to vacate. We have had weekly complaints by all of the neighbors since they moved in. The scary thing is we think they at least dealing drugs from the premises if not making them as well. We have approached them over the phone and knocked on the door. They were very threatening and belligerent. Should we be doing anything besides the normal eviction process?
Dan, each state has different provisions regarding landlord law. Find the link below: click on your state and look up the statues for that state:
http://www.landlord.com/legalmain.htm
The eviction process for drug dealing etc. should be listed in the states statues. You could also contact the police if you suspect they are dealing or doing drugs.
I have a question…I am about to sign a lease which asks me to waive my right to all notices of eviction (CCP 4701) and that upon repossession of the premises the lessor has the right to sell my things. Does that mean I can be evicted at a moments notice, for no-cause (since Louisiana allows that), and take possession of my belongings for sale?
What that means is that if you decide to stop paying your rent, they can take your belongings and sell them. That doesn’t mean they can evict you for no reason with the intent to sell your belongings for a profit. That would be very illegal!
I am waiting on my eviction notice! So at least I know i have 8 more days before I have to be at court, and I probably wont get the notice to middle of next week because weekend and all.
But, my question is: Do I have longer then that? or would I usually receive the notice the day after my rent is due? I have never been late before, but my ex broke in and robbed my wallet, I didn’t know she had another key here. i get paid again in 14 days. I dono what to do right now….
Thanks for your reply
I would contact your rental office and let them know you are going to be two weeks behind on your rent. They are not going to evict you if you are two weeks behind, however, if you are two months behind you could be on your way out. Also, read over your lease agreement.
I would like to know this… I have a cousin who has been living with his grandmother for approx. 40 years! (I know right) But he has become a true crackhead and she wants him to move out after all these years. There was never a ‘rental’ agreement (verbal or written) between them so can she tell him to just move out or does she have to start an eviction? I’ve heard that in La. once someone is in the home for 6 months (some say less time) they’ve ’set up residency’ and once that happens an eviction process has to start. Or if they receive mail to that address it is now considered their residence and an eviction needs to start. I’m pretty confused on the whole process. I mean I know how eviction itself works but I’m not understanding the law governing someone just living with you for a time and then you wanting them out…. HELP!
I am a renter and have been evicted for non payment. the payment was refused and then was given notice to appear in court for the eviction hearing. Judgement went to thte landlord. the issue of why he refused payment was that i kept calling him to come fix things in his apartment. the judge ruled in his favor and never considered or heard my claims. I appealed to the Parish court and had everything signed by a Judge there. the City court is now saying that they have no jurisdiction over that and that if the landlord calls for a marshal that they have no choice but to throw me out or arrest me. Even though the Judge at the Parish court signed a Stay of Eviction until the outcome of the Appeal. WTH???? What can I do?
My son,Joshua, has lived with his girlfriend Kandis in her mothers home for almost a year. Kandis started dating outside their relationship and asked Josh to leave the residence. He received mail here and took care of their children while Kandis ran around. A restraining order was filed to keep him away from the home and children and will not let him get his belongings from the house.Can she make him leave even though they are considered a common law marriage without proper eviction procedures? Can she continue to have him arrested for entering the residence to get his belongings? We reside in Louisiana.
loiusiana does not recognize common law marriage!
if you are given notice for non payment eviction supposedly filed on 9/22/08 payment made and accepted on 9/23/08 can the landlord evict? if i choose to move, can the landlord make me pay october rent if i am out as stated by her 5 day eviction?(9/30/08)? do i still have to go to court if she has her money for the rent due and i am out as stated?
My landlord refused my rent after I came home from evacuation. He told me he wanted me out by the end of the month. I agreed and sent a certified letter stating that I agreed. Since then he started eviction procedures. I am going to be out before the hearing. Do I need to go?
in september i went to a justice of the peace to evict my husbands uncle who is living on our propertyfor 2 years rent free. i found out his 14 yr old son raped my 6 yr old son and molested my 5 yr old, the justice of the peace ruled in our favor.but the constable NEVER made him move im not getting any help from the sheriff even though the rape had been reported they said because i filed with the justice of the peace that i now have to go to district court. im not getting any help anywhere and my children are scared to death what can i do
My sister lives in an apartment complex and her ex was arrested for drug possession on the property while dropping off their son. The arrest happened outside in the parking lot, he never went inside her apartment and this is the first time he has been on the property in months. The police specifically stated that she had absolutely nothing to do with the arrest it was supposed to be a traffic stop and they followed him into the apartment complex. The next day she received a notice to vacate the property in 5 days. Can they do this?
My husband filed for divorce today, he left the house 6 days ago he is really in anger right now, I am fairly certain he will calm down. How long is the question. He said he spoke with his attorney and he wants me out the house. We were married 2 years ago, but he bought the house the title is in his name. I called the local sherif and he said that is community property since he left I can stay until things are settled in court which hopefully we don’t go that far! He then told me he will have me evicted. Can he do that??? I live in Louisiana.
I was late on November’s rent. My landlord knew and agreed to this, as long as I paid the late fees. In December, I paid BOTH November and December. He accepted the rent early in the month, then left a note on my door telling me to be out by Dec. 15th. I ignored this, because it gave me THREE days to get out (I had nowhere to go) and I had PAID the entire month’s rent already. I called my landlord on the first of January, even though it was a holiday, to arrange for the rent to be given to him for half of January (I was leaving, as he asked, but it was taking me a week or two to find a place.. and since the reason he evicted me was, and I QUOTE, “You broke my trust. I call and call and come by to talk to you guys to make sure the house is alright, and you won’t answer the phone NOR the door. You broke my TRUST.” He was calling at like 2am, and coming over around the same time (I am in bed by 9, 10pm!!).. and as a single, young female.. I am NOT about to open the door to ANYONE in the middle of the night. He did not answer his phone on the first. I was out of town, by the way, Dec. 24th through Jan. 1st. I am a college student and my family lives out of town.. he knows this, and KNEW I was out of town. Apparently, he spoke to my roommate ONCE (not me.. I was NEVER informed of anything EVER.. not by phone, e-mail nor facebook even!) saying that he wanted us to look for another place, and then claimed he never received the rent (two weeks after he received it, and we didn’t hear a WORD from him for those two weeks.. he stopped calling once he received the rent). I was NEVER contacted. Anyways.. I arrived home on the first to find everything I own out in the yard in the pouring rain, my motorcycle gone, most of my nice belongings (couch, $1500 TV, computer things, $10,000’s of collectibles suspiciously missing.. my tubs were nowhere to be found), he put my cats out in the rain, and still.. I NEVER received a phone call. A few days later, I had a message on facebook that said “I took a BUNCH of your things.” He said to my face that my motorcycle MUST have been stolen.. but when I checked in the shed (I still had my key), there it was, hidden. I spent days searching for my cats.. I found two, thank god. The third, I never found. He kept coming around and ripping down my “missing cats” signs, and ripped off the sign that said “please do not collect my belongings with the trash tomorrow.. I need another day to rent out a storage shed as it’s a holiday and my landlord illegally evicted me” and threw it away.. he took my payroll paychecks, two of them, out of the mailbox and threw them, and the rest of my mail away (federal offense, right?) and was an in general jerk to me. He claimed he found drug things in my house (I have several hookas with flavoured smoking tobacco.. NOT BONGS, the moron!) and that the POLICE told him he could take anything he wanted and I’d go to jail for drug charges if I tried to come back to the house. He is trying to threaten me with drug charges for HOOKAS when I went back to search for my cats and pick my things up off of the side of the road. I only received that ONE informal note which wasn’t valid.. I had paid my rent for the entire month, thus he couldn’t tell me to get out in the middle of it.. and other than that, I had no correspondence. I never went to court or anything like that.. I assume the courts weren’t even OPEN as it was a HOLIDAY.. and I was out of town, anyways. What can I do? Do I have a case? Are there free lawyers for this thing in Baton Rouge, as I am a LSU student with ZERO income (I pay my rent with student loans) and no help from family, nothing. I am homeless, sleeping where I can, without a vehicle now, eating handouts from people.. and I have no clothes, no laptop, no school books to start school on Monday. I NEVER received notice that ANYTHING like this was to happen.. and my landlord, to my face, in front of a witness, admitted he stole things and took them back to his dormroom.. took them from the house straight to his truck. He said the police said he could, that he didn’t have to throw it out first. swineg1@lsu.edu is my e-mail.. I need help. I have had one of my cats killed by the pound because I couldn’t afford to get her out, since he threw away my paychecks.. no vehicle, no home, starving to death, he stole so many of my things and ADMITS it, he ruined my LIFE because I wouldn’t answer the door at 2am.. Someone, please help me?
hi my land lord posted an evict notice on my door he said for none payment of rent so i wrote hem a certifed letter and had it noterized a day later he posted another letter on my door and said disreguard the eviction beacuse of his actions i had to take off for work what should i do
my boyfriend and I live in lake charles La. We have been trying to evict his ex girl from his home which they lived together in for about two years. He has not lived in the home but continues to pay the mortgage because his attny advises him to. We have been going round and round she has lived in the home for about 9 months rent free on her. We have gone to the sheriffs office and they would not remove her from the poperty because they said it was community property well we all know Louisiana doesnt practice that law. Her name is no where on the lease for this home. She has filed in papers that she wants a motion to say in the home well their court date keeps getting postponed. In the mean time what are we suppost to do his attny is telling him if we throw her stuff out he can be sued is this true? Please give advice!!!!!!!!!
Here’s the issue:
My ex partner of 10 years and I just broke up. I want him out of the condo we’ve lived in for the past 2 years.
The condo is completely in my name the mortgage, insurance, light bill, condo association membership, phone bill, etc. The only issue that i could see is that we had a joint checking account that all our money went into to pay anything.
I told him i want him out. He refuses saying he’s not going until he’s ready which is next summer when school is out. I told him no. There are no written agreements in place that dictate how much of each our our salaries go to paying the mortgage or how much we are contributing. Infact he makes so little he could never afford to pay it.
I threatened to call the cops tonight to put him out.
he stated that if i do that it would be an illegal eviction and he could sue me. We have no agreements at all. He says because he has credit card bills sent to the house mail he can stay as long as he needs. He’s really tying to be a smart ass because he’s like that and he’s a residential property manager and deals with eviction court weekly.
Does he have a case against me for illegal eviction if i just throw his ass out and call the police?
We are in Jefferson Parish, LA.
What i’m looking at is maybe in a state were common law marriage was recognized, and gay marriage wasn’t baned he may have a case to the property. I don’t see how he can figure that he can just stay around and make my life hell.
Since we are in Louisiana and we basically stick our noses up at the rest of the country in terms of the law i don’t know what to do.
can i be evicting for hang up the phone on my landlord?
if the tenants did not sign a lease what are there rights
does louisiana require the landlord to serve a three day notice to pay or quit? i sent my landlady october’s rent and half of november’s rent on nov 4. I received and letter from her also sent nov. 4 telling me she wanted the house for her grandkids to live in and wanted me to vacate the premises by dec 15, i’ve known this lady my whole life. her daughter is my best friend. i have only been late like that two or three times in over 3 years and have never asked her to repair anything. i have maintained the home myself out of my pocket for the entire time. can she really kick me out?