A Summary of the Eviction Forms and Procedures in Louisiana
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!