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 |
LAW INFORMATION 
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?
Please, somebody help me!! I recieved a notice to vacate the premises because my lease ended in September of this year. I called the landlord and told her that I thought the lease ended in October and that I would move out. Well, I moved out on Friday Oct 16th and returned the keys, but the landlord stated that she filed an eviction on the following Monday. Is that possible? If i vacated the premises as the motice stated how can she still file an eviction?
I am trying to evict 2 horses that were left at my farm to board. The owners have skipped town and cannot be found. The eviction notices for real estate will work the same for evicting horses for non payment? Animal Control will pick up the horses if notice of eviction is given. One of the horses has no value. The other would cover the board fees due so I am trying to find a way to seize the horse for board fees due. Any advice?
I have a home that I’m purchasing through a lease purchase agreement. I’m late with the payment and the owner has filed for an eviction. Are the lease purchase rules different. Between the down payment and the lease payments, I have a 1/3 interest in the property and I’m wondering if that gives me any extra protection.
Regarding the eviction process in LA, at what point (if any) does the property owner have to prove this ownership..? Assume the situation is a month-to-month arrangement with no written lease or rental agreement.
A relative has come to me for help with removing tenants from his property. However, this relative has had problems keeping up with his mortage and may have been foreclosed on, but so far, I’ve not been able to ascertain his “ownership” status for sure.
Your advice is so appreciated.
…to correct my email address
I moved in my house 2 months ago and an old friend saw me and wanted to keep in touch.. We kept in touched and he came over sometimes, but ! night when I didnt answer my door he broke my windows(2). I am on section 8. I called the police and he went to jail. He paid me for the windows and my land lord knows that they r fixed. can he evict me….Oh, by the way. the windows were broken on a tuesday and we signed a lease with the Housing Authority on a Wednesday. The landlord told my worker and said as long as I fix them its ok to stay. He then asked can i pay 50.00 extra for water… Thje answer was no because another tenant and I share a meter and in the agreement he states he pays for water. He then asked can he have more on the rent…the answer still is no… I accepted this house and he quoted a price then i went to get the keys he said the place has cable and the tenants(his close personal female friend) says that he should charge more. No cable. and the neighbor is stealing cable. he said this house would come with appliances…it was on craigslist…but he decided to charge me 50 extra anyways. After he found out he couldnt get an additiona 50 from my worker and after i fixed the broken windows….which is not my fault…he wants to evict me…is that legal and can he do that after taking the rest of the security deposit. Now he wants the warranty on the windows in which he never had a warranty on because he just bought this house 1 and 1/2 months prior to my move in…..forclosure…What r my rights and what am I to do… Oh and the tub has putty in it from a hole that was there before me and he doesnt want to repair it… He also says he can get 250 more if I move out for this apt. He is screwing his tenant and i dont want part in that……wht r my rights and can the person who damaged the property still visit.
MY MOTHER IN LAW LIVES IN THE HOME SHE GREW UP. SHE HAS 7 BROTHERS AND SISTERS AND AFTER HER PARNETS PASSED THEY DIDNT LEAVE THE HOUSE TO ANY ONE OF THEIR NAMES. MY MOTHER IN LAW HAS SINCE THEN PAID OF THE HOUSE AND TAKEN CARE OF HER BROTHER WHICH IS UNEMPLOYED AND HAS ALSO LIVED THERE, ABOUT TWO YEARS AGO ONE OF HER SISTER JUST SHOWED UP AND MOVED HERSELF IN. THEY AGREED THAT HER SISTER WOULD PAY HER X AMOUNT A MONTH AND JUST RECENTLY THE SISTER NO LONGER WANTS TO PAY HER. WE HAVE MOVED MY MOTHER IN LAW IN WITH MY SISTER IN LAW BUT NOW THE SISTER IS TRYING TO EVICT MY MOTHER IN LAW FROM THE HOW. IS THAT POSSIBLE? IS THERE A WAY OF EVICTING THE SISTER?
I need advice! I was engaged to be married, we have been living together for 4 years, last night he got drunk and told me and my 3 minor children that he wonted to to leave, he told me i have 5 days to get out. We have no place to go. what can i do? how many days does he have to give me to get out? please someone anyone tell me what to do…….dallaslady78@aol.com
I initially signed a lease for 6 months, after that time I asked to sign a new 12 month lease. The landlord told me no, she wanted to do month to month. I HAVE BEEN PAYING THE ENTIRE TIME, NEVER BEING LATE. She served my boyfriend an eviction notice, he’s not on the lease and said we have to be out in 15 days. She made him sign a piece of paper and then took it back from him and left with it. I spoke to her briefly on the phone and she agreed to give me 30 days. When does that 30 days begin and can she legally make me leave without reason?
My mother and I are renting a house and we split the rent each month. I had a tremendous cut in my wages a few months ago therefore putting in a financial hardship with all of my other expenses. I have not been able to pay my part in a few months but my mother has been paying her part. The landlord is saying that they have filed papers with his attorney for eviction. Can that be done even though he is receiving money on the rent every month and without have a lease?
I have a situation i have a leaking sewer beside my apartment and behind my apartment. I have told the landlord several times it needs to be fixed and he never fixes it. It smells like crap around my apartment and now the inside is starting to smell. I have been late paying rent because of this. He calls us tenants mother f______S! Now he is raising rent and still has not fixed the sewer i have pictures and all of the nasty thing i took. If i decide not to pay rent until he fixes it does he have the right to evict me? I do not have a lease either havn’t signed one since 2005. so if he wants me to sign a lease do i have to sign it or can he evict me for that also? I live in louisiana!
can you be evicted for noise, do you have to pay your next month rent, if they give you more than 30 days, and do they have the right to keep your deposit, if you leave the place in the shape it was when you move in.
can you be evicted for noise, if given more than 30 days do you have to your rent, will you be able to get deposit back
why are the laws in louisiana so dumb they seem to hurt the renters more than help them have a roof over there heads
Who should be the landlord if your previous landlord was murdered?? Should it be the daughter of the landlord or the son-in-law?? We were also told that we will have to move out in 5 days…our previous landlord understood our situation and helped us out by giving us alot of time to pay the rent but the son-in-law wants us out. He gave us an eviction notice paper today but there is no judges signature, no Louisiana seal and our names are incorrect on the paper…it also looks like he just hand wrote it and threw it together last minute. Do you have any advice that could help us??
can someone with power of attorney over my landlord give an eviction notice even if they in now way maintain the property or have anything to do with the rental arrangement.
there is no lease, it is a month-to-month verbal agreement between the land owner and myself. my landlord does not endorse the eviction and i do not believe that he signed the eviction notice, rather i believe the people who claim power of attorney have xeroxed his signature onto an eviction notice.
there has been no official action as of yet, i am simply wondering if this is even legal.
@ mel
you can be evicted for being to loud. that is the owner’s decision. if you have been given 30 days notice, and you owe rent within that 30 days, yes- you must pay rent as per your agreement with the owner. you can ask that they pro-rate you rent for the days that you are staying out of a certain month.
you are entitled to your deposit as long as the house is in the same or better shape than when you moved in. pictures help (don’t forget the timestamp).
@Brooke
the owner of your property is determined by either a living will – which would name either the daughter or the son-in-law as the beneficiary of the house. if there was no will at the time of death (common in murder cases) then the property of the deceased will be split amongst spouse first, then parents, then siblings, then next of kin including the son-in-law unless he and his wife had divorced, in which case the son in law would not be able to claim ownership through relation.
is sounds like they both have claim to the house, so any action taken concerning the property must be approved by both of them since they both own equal shares of the property. but that is only in the case that they both share the house and the daughter didn’t differ her ownership of the house to the son-in-law.
before you submit to the eviction notice, you should talk to them both. if they do plan to carry out the eviction you will be served a formal eviction by the landlord and a sheriff.
be sure to pay every month on time or they will simply evict you for non-payment, regardless of any agreements with you and the previous landlord.
i own my trailer and i rent a space in a park i have been giving notice of eviction for 5 days how can they make me move my trailer in 5 days. i have always paid my rent never late dont they have to give me time to be able to move my trailer
@Erika Strawbridge
You cannot be forced into leaving. The 5 day notice is not an iron clad agreement. You are given 5 days to evict of your own accord, but if you do not it is the land owner who has to have that notice notarized and served by the local sheriff. Once you are served by the sheriff you will be given a court date for the eviction hearing. at this hearing a judge will hear both you and your landlords case and determine what action is appropriate. remember, unless you have proof of payment on your rent (receipts) the landlord can simply claim you have not payed him and since there is lack of evidence to refute his claim – it will differ to him, and you will be made to move. be sure any claims you make can be backed up with physical evidence rather than personal or associated testimony.
once you have been through the court room – if you are made to move, the judge will grant you 24 hours to vacate the premises.
Can you please tell me were I can find the statue that states the 5 days notice to quit does not include Saturday or Sunday. Or can you tell me were it is stated so when i appear in court I have the law to back it up, i appreciate your website.
the 5-days notice to quit DOES include Saturday AND Sunday. The agreement holds to you personally and all days since the serving are applicable to you. If Sat&Sun are omitted it would be stated on the Notice To Quit (i.e. – “5 business days”)
Remember, this is not a mandatory thing – you have the right to defend this claim in court against your landlord. He is required to have a Sheriff present upon service of the order to show in court for the eviction hearing.
Once the case is settled, you will either be allowed to remain – or have 24 hours to evict.
Remember, just because the judge rules the eviction in or out – the landlord can simply refuse to allow you to stay if you are in a month to month lease – otherwise you will be allowed to stay until your lease contract is up.
My best friend’s husband molested his step-daughter who is 7 and was caught by his wife, my friend, D. It took a week and a half for the police to arrest him, but he’s currently in jail. We have packed all of his property and put it under the carport, but are unsure about how to proceed next. According to the TRO she has – he was “evicted’ from the property. Can she legally walk those boxes to the street and dump them or will she have to go through all those other steps? He is not on the house title. It was purchased 2 years before their marriage. They have no community property. We just want to get rid of his junk. It’s taking up space in the carport. Please let me know what to do. Thank you!
they’re married – it’s her stuff too – she can do whatever she wants with it – including trash it.
We owner financed this house in April and in May the owner showed up to collect the first payment. It was due the 15 she showed up the 1st. We were supposed to send in the payments and all correspondence was to be in writing. She started demanding money every month before the payment was due and calling us names. We made an agreement to split the payments through the month due to her being (broke all the time). In August she taped an eviction notice on the door for 5 days. Two days later she wanted the rent and I paid her. In October she posted a 45 day notice stating we had violated her notice??? to obtain insurance which we had, but that we had obtained it late. There was never any written notice that we had a time limit to obtain the insurance. Recently we became behind on the rent, but she has accepted the payments now she wants 1050. dollars in two weeks and I am afraid she will try to evict us again. She accepts the money we give her. She has literally caused me to have two heart attacks due to the stress. My husband has been out of work and has another job. She knows he will not have the money until later that we will pay her when he gets paid. She did not make this demand until he told her he was starting back to work. I thought buying a house was different than renting. She refuses to give us an address to send the payments, it is stipulated in the contract that we send the payments through the mail. We are behind a month, but have paid her part of the rent. When we bought the house we paid a large down payment and we have been told by the neighbors that we are not the first ones she has sold this house to and taken it back. How can we stop her. She has told us she does not want us to finance through the bank. She lied on the disclosure and we have had to replace the pipes had to be replaced the day we moved in. She told us she did not know the pipes were bad. Our dream home has become a nightmare. please we need advise
@Yvonne, I would recommend consulting a lawyer about the breach of the owner-financing contract. You should be entitled to an address to remit payment. The owner is not permitted to evict whenever she accepts a partial payment, from what I understand from reading summaries of LA eviction law. Her only recourse will be to add late fees. You are legally permitted to obtain financing through a bank, and I would suggest the sooner the better to get this woman paid off and out of your life! Good luck.
I’ve been living in my apartment for a year and I recently got approved for section 8. I had applied for section 8 before I moved into my apartment but I hadnt received any information from section 8 so I moved in. Ok, so I moved in Nov 1 2009 and I started school in Feb 2010. Well, I got approved for section 8 and the apt manager said that she would accept the section 8 voucher. So, I had to do a recertification and sign a new lease to present to section8. Well, the property manager informed me that because of my student status I am no longer eligible to live there because it is a tax credit property. The manager gave me 30 days to move which is not enough time to find a place and move. Long story short, I was supposed to have moved by Dec 4 and it is now Jan 6th and I am still there. I dont have anywhere to go, what can I do?
I have been paying rent for 7 months for a run down mobile home. 3 months ago I went 2 days with no hot water. Now April 8 I have no A/C and told they can’t get anyone out here til Monday April 11. I was told to sleep where ever I had to or open my windows. Not having the money to leave I opened the windows to a hot 90 degree inside temp. They said they would not pay for immediate service that their guy would be there on Monday. What can I do?
I want to know is it legal for my landlord to give me a non renewal notice after i filed a complained against her . My lease states she dont need a reason to not want to renew but i want to know can she do that even if its out of spite
My husband and I are leasing a house (12 month term) and I have a friend (teenager) that was in an abusive relationship with a very old man….I told her she could stay with us until she could find someplace else to go. Since then my husband has been having sexually related discussions with this girl (he’s 38). I told him that I wanted her to leave and he told me if anyone leaves it’ll be me, not her. To make a long story short, I have told her personally to leave, even went out of my way to get phone numbers to different shelters around the area. Her aunt has offered to let her live with them again (even after she was kicked out of her aunt’s house not 4 months ago)… The girl refuses to find other living arrangements and she knows that she is causing problems between me and my husband. What are my legal options?
…additional info on previous post…
She wasn’t here 3 weeks before I told her it was time for her to find someplace else. She also isn’t a very clean person and the guest room now looks like a storage shed. I am under so much emotional strain that I can barely sleep much less eat. Any advise would be appreciated.
Help!!! I was served a eviction notice from a person i have never seen or heard of,stating she was the new owner..My lease with my landlord was not signed nor dated.I own my mobile home but rent the lot in a mobile home park.They r saying reason is for repeated violations for a pet over 30lbs and no skirting…My home is skirted except 2 panels that a storm tore off and i have had my dog for 7 months..i have taken pics of entire park.showing that the rental property ,that he owns ,is not skirted…Is my lease valid?does the rules that the renters lease apply to my lot lease?They r threating to hook up tp my house and take possesion of my home and contents..My husband leaves in 2 days being deployed over seas and me n my children are going to have to fight this by ourselves…I need help!!!
additional ifo on previous post…..
if i have lease violation,i dont know anything about them..I have never been notified conering violation.renters lease specifies no outside dogs and none over 30lbs…since my lease is a lot lease,does that apply to me as well?I do not have an outside dog..he strictly goes out to use bathroom and comes right back inside..We keep our lot clean,mowed,and straight..Thank you for any advice you can give me!!
a friend of mine has been living at the same residence for 11 years and the owners sold the property. my friend owns his trailer! the man who bought the property turned it into an RV park and told my friend he has to move his trailer within 60 days. my friend is now scheduled for surgery for a hernia and has been trying to clear the spot where he is going to move his trailer, spending just about all his money on it. earlier today he received an eviction notice on his door stating he has 5 days to be out and have his trailer moved because he didnt pay his rent. my question is, is he obligated to pay rent even thought he was told he had to move within 60 days? fast replies please, we need all the help we can get on this! thanks!!! oh and we live in moss bluff, louisiana…. if that makes any difference!
oh and the reason for the 60 day notice is because the guy told him it was illegal to have a trailer in an RV park! is that true or is it bullpatootie?!!!
My best friend died in April. Her husband told me and my husband that he needed us to move in and take care of his house and dogs so he could go back offshore. He also said he was giving us her Nissan for everything we were doing for him. Everything was verbal, there was nothing in writing. We gave up our home and moved in to help a friend with the verbal understanding that it was indefinitely but at least a year. Now 3 months later he calls from the boat after we already paid all the bills for the month and says he wants us out and that he’s giving the car to someone else (This is after I refused to pay one of his personal finance loans on top of the other bills). We did everything we said we would including taking care of the dogs (including providing their food and transporting them to the vets), house and property. We have also made repairs to the property, replaced parts on the car, paid all of the car insurance/ electric/ water/ cable and internet bills, painted, shampooed all carpets repeatedly from his dogs pissing and crapping every where, pressure washed the patios and drives, kept up the lawn, paid for items to improve the exterior of the home and purchased all the food since we have been here. When we first agreed there were two others living in the home but neither of them paid anything toward these bills. We did not pay rent but we were taking care of the animals and property in it’s place. By rights we should have only had to pay 1/3 of everything else. What rights do we have with nothing in writing?
GOES WITH ABOVE COMMENT!!!!!!
All of this is also after I was approached by the owner of the property and asked “how much money do I need to put in an envelope for you to f**k me? and putting up with him coming to my place of work and calling me a sl*t and Wh*re all night a week after telling him that I did not sell sex. I am at home with my husband all the time and when I go to work my husband drops me off and picks me up but now the owner is going around and telling people that I am trying to cheat on my husband with him. Is there anything I can do about this?
@ Ashley
5 days written notice is the first step if it was signed by a judge and served by the landlord and an officer of the law. According to Louisiana law the 5 days does not include weekends and holidays. If he is not out in those five days then the landlord has to take him to court for a hearing. This usually takes 3 days or more to schedule but if the judge finds in the landlords favor, then your friend will be given 24 hours to vacate. If your friend can prove that he just had this surgery and is medically unable to be out in the allotted time the judge may find in his favor. I’m not sure about RV park laws but I know I have seen plenty of them with RV’s and trailers.
How does the eviction law apply in Lousiana to mobile homes? We have no written lease and just moved on this property in Nov. 2010 and in April 2011, we were asked to remove the home with no clear reason why. We tried selling, but were unsucessful and my husband ending up having a triple bypass and also is suppose to have another surgery within the year. We have found a lot for the trailer, but it will not be ready for another 8 weeks. Apparently the landlord could care less and has ordered to court. NOt to mention the addiltonal expenses that we have to incur to remove the home and relocate elsewhere. What are my rights? We have retained an attorney, but I was wondering if any one has been in this situation. It is very stressful and upsetting.
Thank you,
Brenda
I’m trying to find out about the eviction process that has nothing to do with rent, but with noise and disturbing everybody in the building.. Are the steps still the same?
My daughter & granddaugher live in her grandparents old house. She pays rent to her uncle who is 1/4 owner in the house. The other 3/4 shares belong to me and my 2 sisters. My brother wants to evict her basically because she does not visit her grandparents enough. He says lease violations – which he has already fixed – so mute point? Her aunts and I are fine with her and her child remaining in the house. Can he evict her?
Can a landlord file eviction on a broken lease to secure a judgement on that tenant?
I have a tenant that was served with an evict notice twice but has not moved, can i just go to the sheriff office in get them out of my house. And we also have an court date but I just want her out.
Does Louisiana allow landlord to seek in good faith to recover possession of the rental unit for use and occupancy by the landlord,
My 70 year old mother-in-law had a lease for a mobile home for a year in Pride, Louisiana. Now the rent is on a month to month basis. She gave her landlord a $650.00 deposit. The monthly rent is also $650.00. All of her rent has been paid on time. At the end of November, 2011, she broke one ankle in 3 places and re-injured the other ankle. She had surgery and is now in a rehab facility on bed rest only. She paid her December 2011 rent on time, but since she just found over over the New Year’s holiday, she will be in rehab at least another month, she wants to move her belongings out of this mobile home and put them in storage until she knows when she will be able to live on her own and move closer to her daughter and son. Her landlord has demanded his rent which was due January 1, 2012. We have told him that we wil have all of her belongings moved by this Sunday, January 8, 2012. He said that wasn’t good enough and he will take her belongings and sell them to recover his rent. The mobile home has not been damaged in any way. Mind you, the landlord still has a $650.00 deposit. The landlord has called her at the rehab facility, threatening her until she is now so afraid she is in tears most of the time. We have notified the rehab facility and they will not let him see her, and have blocked his phone number on her phone so he cannot harrass her. From reading all of these posts, it seems he has to go through all the steps of eviction before he could lock her belongings up. Our family is going to go over there today to start packing her up. What do we do if he has locked up the place and won’t let us in to get her belongings?
I had a lease almost 3 years ago that in the rush of things that was never sign by me but after a year it turn in to a month-month basis. A new management company took over and i never signed a new lease. They gave me a notice of eviction on 11/15/11 for rent due on 12/2010, partial 4/11 and 7/11. And then they allow me to pay rent for another 2 months and on 2/3/12 left me a paper hand written note that said they will file eviction on monday with no date on it.
AFTER ONLY 3 AND 1/2 WEEKS INTO MY 1 YEAR LEASE, MY LANDLORD DROPPED OFF A NOTICE TO QUIT PAPER TO ME TODAY THAT DID NOT CONTAIN ANY REASON FOR ME TO MOVE. SHE ONLY TOLD ME THAT SHE WAS DIVORCING HER CURRENT HUSBAND BECAUSE HE CHEATED ON HER. I HAVE ALREADY SPENT ALOT OF MONEY MOVING INTO THIS HOUSE AND TURNING ON ALL UTILITIES AND SO FORTH. THE NOTICE TO QUIT GAVE ME THIRTY DAYS FROM TODAY TO VACATE PREMISES BECAUSE SHE NEEDS TO MOVE BACK INTO THIS HOUSE. I CANNOT AFFORD TO PACK UP AND MOVE WITH MY TWO CHILDREN AS I AM A SINGLE MOTHER AND IT TOOK ALOT OF PLANNING TO GET INTO THIS HOUSE. DOES ANYONE HAVE ANY GOOD ADVICE FOR ME? I HAVE A MEETING WITH MY ATTORNEY THIS WEDNESDAY BUT AM CURIOUS AS TO KNOW WHERE I STAND WITH THIS. ANY HELP WOULD BE GREATLY APPRECIATED.
THANKS ALOT!
FALLON
I own a trailer park and need to evict a tenant for non-payment of lot rent. My question is how do i go about doing a seizure on the trailer? lot rent hasnt been paid in 9 months.
I have a resident that claimed she submitted a money order for jan 2012 rent via our drop box. I never received anything from her. On Jan 04, I told her to put a trace on the money order and keep me posted. I told her to bring in proof that she has started the trace and we would take it from there. 2 weeks went by and she would not bring anything in and she just kept saying that she did start a trace. I had to start the eviction process as instructed by my corp. district manager. The court date was set for Feb 10, 2012 she showed up and told the judge she did not start the trace process. I requested the eviction because she had more than a month ago to start it and probably would have even had the situation resolved before the court date had she done what she was instructed to do a month ago. The eviction was denied. On March 09, 2012 she came in and tried to submit 1500.00 by this time her balance with late fees to date was over $2000.00 I did not accept it and reminded her that we do not accept partial payments. She didn’t agree that she should have late fees for Jan and the following months. I told her had she submitted for the trace when instructed to instead of a month later she would not have had them for Jan. so now she is late Jan, Feb, Mar, and now April. We had court again today and once again we were denied eviction. This is a new Judge just sworn in from our latest elections and she DOES NOT RULE BY THE LAW NOR COMMON SENSE. She basically did not give a clear understanding of the grounds the eviction was denied for. This resident is now over $3000.00 owed and has lived rent free since January 2012. This is crazy to me. Since we don’t know the grounds for the denial this time we have no idea what to do. How long does she get to live rent free? We live in Caddo Parish. Where our judges are clearly not educated or qualified to be ruling in eviction court.
I was wondering about our lease. We are like 3weeks late on rent plus a partial months psyment . Thy sent a letter yest er day around 1:30pm saying to pay rent in full by 8:00 or surrender keys. Can they really give you less than 24hrs? We will have half of it fri the day afer.
my mother has lived at this house for a year and the owner lives far away…they have someone hired to rent this house out. under the agreement the house was to be fixed to livable condition for my mother to move in. after two months being there, everything that they were so post to fix went to pieces…they just coved it up! she paid her deposit and first months rent and then paid half of second…ever since then she had to repair this home cause the ppl that was hired wouldnt contact the owner or do anything about the damanges…at one time this house was so post to be condemed. the major of this town told my mom to stay there that they couldnt do anything cause of how much repair she had put in and how horrible this place was…the owner will not come down to help her fix this place! she got an eviction noice… the major still said that nothing can be done to my mom…he still told her to stay there but she needed to find another place cause of the condition of this house…there isnt even a meter outside for heat to this house the roof is spiting…the lights are bad threw this house. my mom has paid someone to come out for the heat, lights, water (it backs up in the back of the property) and so much more…she has receipts for all of this…willing to show what she has done on this place…she came to my home for a day and i just took her back today and they have completely destroyed all of her belongings…threw it all out on the yard! alot of things (exspenive things worth lots of money) is gone and then she has no idea where her animals are at! the lady at a local store said that they condemed the house…there is no sign of that or of anything on that property…besides nothing but trash now cause they broke everything!!!! they even kept her window unit in the window and some other things in the house..things can never be peplace are broke or gone! pictures of her dead father were thrown into the yard and looked like steped on! what can my mother do about this? she is bipolor and ADHD and a few others…she is loosing it and she isnt doing well with this! please tell me what we can do to these ppl that has no heart and just ruined her life and world!!!!
I have lived with my boyfriend since November 1 in his house. He was caught cheating and lying and now I am looking for a house for me and my five kids. I’m in the process of buying a house but waiting in paperwork. What are my rights as far as if he can evict me? I get mail here, my license has his address, and my money is direct deposit in his checking account so he can’t say that we haven’t been living together for this long. Please reply!
I have contacted a lawyer and know my rights now. Thank you.
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I have a problem, my girlfriend and I live toghther, Out of the kindness of my heart I allowed her son to move in if he could follow the house rules. He has dropped out of school is 17 years old cut himself, made threats been out for days with no phone calls. I need this kid out of my house, his mother is in agreement with me that he needs to go.He was taken to the hospital today for cutting himself again. If there is a way for me to get rid of him without spending lots of money I would greatly appreciate the info. Thank you in advance.
I have a tenant who has been renting my home for almost 4 years now. Let me first say that there is no written agreement between us in regards to the property. She has continually had issues with paying her full rent by the alloted date. I have continually worked with her so that she could remain in the house. I’ve even allowed her to make partial payment to cover the rent, but she still carries a balance after the due date. I am a single mom who moved away from the area and put the house for rent to supplement my income. Other than paying the rent I’ve only ever required that she let me know ahead of time when she isn’t able to make a payment and that she keeps me informed about issues with the house and that she get my permission before making any changes to the property. I have reached me wits end with this tenant… I feel the only way to end it is to have her evicted. She recently took it upon herself to purchase a hotwater heater for the house which I did receive a receipt for and deducted the amount from the rent owed but she is still carrying a balance of rent due. Can I send her a notice to quit, and begin the eviction process? If so once the inital time limit has passed who to I have to see to file the office intent to evict? Thank you so much for your help!
Hi, just wanted to tell you, I liked this article. It was funny.
Keep on posting!
I live in New Orleans. In September I asked my landlord of over 2 years for a written lease (I did not like the insecurity of a verbal month-to-month lease, though I did not mention my reason to her). My landlord verbally agreed to give me the lease I requested. Then when I went inside she sat on my porch and hand-wrote an “eviction notice” stating the reason “I’ve had enough of you”, and put that in my mailbox (I saw her do this from my window). I noticed that the landlady’s workman witnessed this entire episode from start to finish (and he was subsequently fired by the landlord).
Later in September I received a Notice to Quit, citing non-payment of rent as the reason. My attorney called the landlord and told her she had proof that I DID pay the rent: from my bank records. The landlord stated over the phone to my attorney that she did not wish to rent to me because I have an attorney!
Now it is near the end of October. Repairs to the property from Hurricane Isaac have yet to begin. The house I rent was undamaged, but the brick sidewalk was ripped askew, causing a tripping hazard, and two trees that fell during the storm have made gaps in the perimeter fence. These gaps are large enough to allow any person to easily enter the “fenced” property, rendering it insecure.
The landlord has not answered my phone calls. I have never received a Notice to Appeal/Reason to Show Cause document. I have my bank records to prove that I have paid my rent on time for this month as well as last month – this month (Oct.) the landlord simply has not answered the payment email sent to her from her (and my) bank. Bank records show that I paid my rent on time. Am I or am I not evicted?
I am considering filing for a dismissal of the eviction because I have still not received a summons with a court date over one month after receiving the Notice to Quit.
I do not wish to move because I am a senior citizen who has a disability, I have no vehicle and want to be within walking distance of my church and volunteer commitments.
Do you have any advice for me? Thank you.
Hello, I have a question about renting a lot on a month to month basis. (Rv) is owned by me, but I rent a lot in louisiana. When my fiancé and I moved in, we were unaware his cousin rents a home from the same landlord as we have. ( my fiancé and his 1st cousin used to be very close, but his cousin has lost a son years ago, and is taking all sorts of medicine, abusing them, and about a year ago, my fiancé and him got in a verbal argument.) soon as my fiancé realized he was our neighbor, my fiancé went to go apologize. The cousin shut the door on him and my fiancé heard him cock his gun. The cousin then opened the door and said the best thing for u to do is get on and don’t ever come back. Over the weeks we have been renting this lot, my fiancé sticks his hand up, as a wave suggestion. The bad thing for us, was we weren’t moved in 5 min, and the cousin was up at landlords bad mouthing my fiancé. Since we have been here, we both go to work, come home, have NOT allowed anyone to come visit, except his mom, and my boss. The situation now at hand, was I was in a foul mood, yesterday 3/5/13, and fiancé and I got into an argument in town. His boss, dropped him off at the dollar store where I was. My fiancé wanted to get a six pack of the 10 oz beer, and I lost it. ( my fiancé goes beyond treating me right. We’re 37 & 38. He has had a cpl beers here and there, but he had told me a month ago he was done drinking. I left him at the store, went around the block and just sat in truck trying to cool off. Well he got a ride home, and wouldn’t let me in the house. I was raising my voice at him to open the door. He wouldn’t and threated to call the law. Well this very heated argument was heard by his cousin. The law showed up. The officer is an older man we both know, because we all go to the same small church. As well as my boss and his boss. He said to my fiancé and I, y’all just need to cool down. My fiancé said I don’t want to be arounder her right now, so officer filled me to my bosses house. The landlord said we have till Friday to have are Rv moved. The landlord is fine with me being here but not my fiancé, due to all the crap that was said about him when we moved in. I called landlord yesterday, hours before all this happened and she said y’all are so quite up there, and the cousin that ran his mouth, she don’t care about him anyhow. She said I hope y’all stay for a long time. She has seen how clean my fiancé has done the yard, and how we have no traffic in and out. Her and her husband came and told my fiancé he has till Friday to get this Rv moved, and that the water and heat will be turned off. Our rent is due in 3/13/13. That’s another 7 days from now. What are my rights? Thank you
Leah on March 6, 2013 at 2:46 pm
Hello, I have a question about renting a lot on a month to month basis. (Rv) is owned by me, but I rent a lot in louisiana. When my fiancé and I moved in, we were unaware his cousin rents a home from the same landlord as we have. ( my fiancé and his 1st cousin used to be very close, but his cousin has lost a son years ago, and is taking all sorts of medicine, abusing them, and about a year ago, my fiancé and him got in a verbal argument.) soon as my fiancé realized he was our neighbor, my fiancé went to go apologize. The cousin shut the door on him and my fiancé heard him cock his gun. The cousin then opened the door and said the best thing for u to do is get on and don’t ever come back. Over the weeks we have been renting this lot, my fiancé sticks his hand up, as a wave suggestion. The bad thing for us, was we weren’t moved in 5 min, and the cousin was up at landlords bad mouthing my fiancé. Since we have been here, we both go to work, come home, have NOT allowed anyone to come visit, except his mom, and my boss. The situation now at hand, was I was in a foul mood, yesterday 3/5/13, and fiancé and I got into an argument in town. His boss, dropped him off at the dollar store where I was. My fiancé wanted to get a six pack of the 10 oz beer, and I lost it. ( my fiancé goes beyond treating me right. We’re 37 & 38. He has had a cpl beers here and there, but he had told me a month ago he was done drinking. I left him at the store, went around the block and just sat in truck trying to cool off. Well he got a ride home, and wouldn’t let me in the house. I was raising my voice at him to open the door. He wouldn’t and threated to call the law. Well this very heated argument was heard by his cousin. The law showed up. The officer is an older man we both know, because we all go to the same small church. As well as my boss and his boss. He said to my fiancé and I, y’all just need to cool down. My fiancé said I don’t want to be arounder her right now, so officer filled me to my bosses house. The landlord said we have till Friday to have are Rv moved. The landlord is fine with me being here but not my fiancé, due to all the crap that was said about him when we moved in. I called landlord yesterday, hours before all this happened and she said y’all are so quite up there, and the cousin that ran his mouth, she don’t care about him anyhow. She said I hope y’all stay for a long time. She has seen how clean my fiancé has done the yard, and how we have no traffic in and out. Her and her husband came and told my fiancé he has till Friday to get this Rv moved, and that the water and heat will be turned off. Our rent is due in 3/13/13. That’s another 7 days from now. What are my rights? Thank you. Sorry for the re-post, I didn’t check follow up with email. Also, we don’t have any written lease. It’s just month to month. She said she would get me one when we moved in for 6 months, and she would keep renewing it.
My brother has owned a rental property since April 2013 through the adjudicated process. He has the deed to the property and has paid the taxes. An unknown party took him to court to evict the tenant and they won because my brother did not have the current lease in hand. The unknown party produce an out dated lease and won the judgement. Is this legal because they do not own the property? The tenant has 24 hours to vacate. What can we do to immediately hault this rediculous judgement?
I currently have been residing with a friend rent free and contract free in return I have traded helping keep his grounds up and handled his personal affairs. As of Oct. 1st I was told to pay rent or get out that day or a $10 late fee will apply. I’ve been here since February 2013 this has never been an issue. Now he’s talking eviction what legal time limit do I have before he can discard of my belongings and have me thrown out if I cannot pay him right now?
I have a question, my sister has been evicted due to drug activity and is currently in jail. I can understand the reason for the eviction, however, as me and my other sister have been trying to gather her belongings for her, we have noticed some things that are missing. I do know that the landlord has been inside the residence numerous times since she has been in jail and he has also let the neighbors inside her residence without him being there to use the washer and dryer during the eviction process. What rights does the landlord have to enter the property during the notice to vacate if he is not making any repairs, and the fact that he has let the neighbors inside to look around when she is in jail and can’t do anything to stop it. I know what she did was wrong, but it really pisses me off that the landlord get away with this.
The old landlord sold the tralier park with out me knowing a month later a new owner show up with an eviction notice sayin he want to repossessed the lanes never talking to the tenets no reason for eviction what are my rights
We been living in the trailer that we are renting for the last couple of months. We were told that we would have to share a water meter. We the people we were sharing a water meter with git evicted , so when they moved they had the water meters pulled.. Is the landlords job to supply the water meter for us to be able to have the water turned on or do we have to pay for it?
We received a 5 day notice to get out due to being 5 days late on rent. It has only been 3 days now and the landlord had our water cut off this morning. I asked him about it and he said he he could since it was in his name. I Don’t understand how he expects us to continue with no water! Is this legal or does he have a right to cut off our water like this??
In a previous post I told you about my landlord cutting my water off after only 3 days of the 5 day notice. Still haven’t heard if this is legal. Now, on the 4th day (because weekends don’t count) he has our water off, has done something to our AC to keep it from getting cool (I’m assuming drained the freon), and now he is removing our doors and windows!! This guy is a complete nut job!! Please let me know if any of this is legal!!!
I live in new Orleans and have been renting by the week. My landlord has accepted partial payment and is telling me since I don’t have a lease I have to leave at noon tomorrow, is that possible?
I rent/continued lease a hell hole. Mold, in need of repair, etc., and moved in but they wouldn’t let me see until hours before i needed to move. i paid my rent every month and told the owner that it couldn’t be left the way that it was and he allowed me to start cleaning it up along with pulling some carpet up and he continued to collect my rent. Grass was past knee high and bushes over grown. After cleaning and making just barely livable the courts and mortgage company proceeded to foreclosure and auction and sold the property back to the mortgage company. Now they are trying to evict me. Sheriffs office came with a 72 hour notice and the officer demanded the keys but i refused any keys until i do move. The Atty. over the house has now offered me a small amount of funds to vacate and if i don’t accept they will push the 72 hour court order eviction. I had no other choice but to sign the agreement to buy more time until i could research other options. From the beginning to now the assessor’s office will only give me a owners name until the home was indeed up for auction. The atty representing the mortgage company would not give me any details including ownership because it was not my account. Can you tell me what my options are at this point, i am still to my knowledge must vacate. This was confirmed by the Colonel in the Judicial system.
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I bought a double wide home from someone, we agreed at 300 a month for ten years ag 30,000 and once its pd off, owner agreed to put title in my name, i paid 7 months on it, always on time. I have receits stating that, plus id make him sigb saying he recieved the money…. on easter sunday the guy tell me in front of all the family members to not pay him any more until he can start paying child support because i am raising his son on my own. Anyway, now he just served me a 5 day eviction notice. What do i do? Hes saying he sold my home to someone else. But in my documents the we did, and the guy signed. It clearly states we are not renting this house we are buying it.so what do i do now. Do yall think ima lose my home?
If me and my roommate slpit rent and she doesnt pay can I evicted her?if yes how do I go about it?
I live in a camper trailer in a mobile home park in Lafayette Louisiana and I’m a month to month tenant. I was arrested at my home on a warrant for missing court . The manager of the park contacted my daughter who is listed as my emergency contact on my lease right after I was arrested and told her that I was arrested and she was evicting me and asked her if she was going to come get my camper and such. I was released that same day and the following day i they put an eviction notice on my door giving me 5 days to vacate and stated that they were cutting off the electricity on the next day. I have never been given any other notices at all. Can they do this and what can I do?
I have a lease until September 2015. Landlord served me eviction papers for no lease. He verbally gave me until the 30 of may to leave. What r my rights????!!!
I was evicted from my home because they said my sonson went across the street to a friends house after 10pm they say I violated the rules and ask that my landlord kick me out the park I was never notified of a rule and it is not in my lease my landlord my is breaking my lease then when I notified them that I have a lease they came to my house and placed a eviction notice on my trailer and said they are evicting the trailer so there evicting my landlord off the lot all of a sudden because I said I’m getting a lawyer I don’t think there moving the trailer there telling me this to make me Move What can I do about this do I have rights I’ve only been living here 3 weeks then there texting me saying I’m racist I’m a black animal do I have rights my lease was signed for 6months can I fight this
My son is 20 years old has not helped with any bills or food in the house what can I do about it please help
I live out of state, however I am renting my home on the coast of Louisiana to some one. He stopped paying rent many months ago. I have sent Notice to evict by certified mail, but he knows what it is and won’t sign it. And he’s now moved 6 more people into the home! I found out by word of mouth that he’s stripped out the new carpets I had put in the home, as well as other damage. His rental agreement expired 3 months ago, but he won’t leave! The agreement he signed states that he agrees to give back possession of the property immediately upon it’s termination. Does that count as a Waiver of Notice? Can I go ahead and take this matter to court before he finishes destroying my home? Help me please! I really need advise on this.
Does the judge have authority in Louisiana to extend the renters stay longer than the 24hrs after the court finds in favor of landlord.
My ex boyfriend on all rentals paper. I kicked him out. It’s been 4 year do I still have have sing a paper to get him off .
i have a question today my mother was threatened with eviction the landlord has taken her rent payment for the month and has said that she is going to get an eviction notice. my question is how many days does my mother have? i have been told that because she has paid her rent for the month she has 30 days is this true?
On Thursday, 2/18/16, I came home from bringing my daughter to the doctor and had a notice on the door that said “A request for petition of eviction has been requested by plaintiff. A copy of the lease and request for eviction has been provided to the COURT. The plaintiff request is, for nonpayment of rent. Plaintiff has (5) days to respond to court once proper service is made. Failure to respond could result in a DEFAULT JUDGMENT. All correspondence should be made in writing or via email.”
The notice was posted on my door and signed by a judge but didn’t look very office as it was on plain white paper with no letterhead. It just looked like anybody could have typed it up. So this morning I got a phone call from the judge listed saying my five days was up and they would be filing for eviction with the court. So that didn’t give me five business days, really not even completely 3 since I didn’t get the notice until I got home from work at 8:00 p.m. on Thursday and got the notice this morning.
On Saturday, I attempted to make a partial payment as the landlord and I had discussed about two weeks ago and I told him my income tax would be here before the end of the month and then I would be caught up. He refused the payment.
This morning after receiving the phone message, I immediately emailed the JP and cc’d the landlord. Over the weekend I found another place since he had refused payment. and indicated I would be out this week.
Then I got a reply from the JP stating the following “Thank you for your timely reply. Yes mam I can tell you from first hand experience times are tough. Their will be a hearing on your case Tuesday the 23rd at my home office at 700pm 281 Rocky Road here in Jesuit Bend. This is informal but handed line item by the rule of law. Thank you for your attention to this matter.”
I became suspicious after receiving this because I’ve never heard of JP having a hearing at his home, not to mention the improper grammar and spelling errors in his message. I’m a single mom and I’m don’t know what to expect if I show up for this meeting. I feel like I’m about to be blind-sided. Any suggestions on how I should proceed at this point?
What is a tenant who owns a trailer who was paying lot rent dies and the next of kin cannot be located?
I have a friend who has lived in her home for 16 years. She has always paid the house note, taxes and all utility’s from her bank account. The name on the mortgage is her Sones name because she didn’t have the credit. Now, after 16 years, he’s is trying to evict her. There is no lease or any other agreement between the 2. All taxes are in her name. Can he legally evict her just because his name is on the mortgage? Thanks in advance for your response.
My husband and I moved to Louisiana 11 years ago on his father’s land and mobile home. We payed rent and then things started getting rough and couldn’t pay regular. His father always said the land would be my husband’s when the time come. Now he and my husband got into it and the father put my husband in jail, served him with a restraining order and with vacate premises in 10 days which has been more than that. The father has been after me to move and I can’t just get up and move 11 yrs of stuff by myself. I am 65 yrs old with a heart condition and I need help. The father says my husband can’t come back on the property to help me or he will be put in jail. Help..
I live is Louisiana (St. Tammany Parish) and I purchased a mobile home from a couple that was moving out of state. Before I purchased the trailer I when to the trailer park office building with the current owner of the trailer to see if I needed his approval or to sign a lease agreement. The property manager stated he only needed basis info from me but a lease couldn’t be signed until I could show purchased the trailer . So I did as he said and went and done all the paperwork and returned that same day to sign a lease and when I returned he advised me that he didnt provide a lease for the mobile home owner’s and that as long as the $295 lot note was paid on time and didn’t fall behind and lot was kept up nothing could be done. I asked if there was a agreement I could sign anyways and the manager refused. Being that I had just purchased the trailer and going by what they said no hands where tired! I have been here since May 2013 and I have always paid on time and 6 months in advance. I recently reported him to the parish for code violation on the dumpsters because he would not keep them up and there was literally mountains of garbage everywhere. I was told that my report was completely confidential information and apparently it wasn’t because after he complied with code enforcement it was a few weeks later he seen me outside and he stop and got out his car and called me a few choice words and said since I reported him and cost him money to be prepared to have nothing. he had somehow got his hands on the complaint form the parish says they don’t no how but he had pictures I gave them he let me see them then ripped them out my hands and left. I tried to make a police report and was told I couldn’t and I didn’t hear nothing else and two months have gone by. After the threat I stopped paying in advance and started bringing one months at a time and July 28 (Friday) I went to the office paid my lot rent for August. Well I went out of town that day (Friday) and came home Monday August 1st with a eviction to vacate and remove my trailer I n 30days. The reasoning was he just didnt want me here anymore. So tRied get a Attorney and no one will help because I don’t have a lease but I had someone come to me after they heard what happened and is willing to write a sworn statement about being in the office when the verbal agreement was made about as long as I paid my bills I wouldn’t get evicted and there was a witness to the threats and him telling me he was evicting me because I reported him. I’m being told that it doesn’t matter if I have witnesses. I understand he still has to file with he Justice of the Peace but I spoke with them and said I have no legal grounds so I went to the bank to get copies of my checks I wrote to them and he didn’t even deposit my rent check till after he served me with he vacate the premises… He is now saying I signed a lease but refuses to give me a copy and says it’s always been a month to month agreement yet he has taken 6 months in advance lot rent payments on a month to month lease that I have never seen. The JP says me paying in advance has nothing to do with a month to month agreement but why would someone pay in advance for a agreement like that and why would a Land Lord accept advance payment on a month to month basis? I am temporarily disable and unable to work due to a genetic disorder cause me to have hip surgery so I’m on a tight budget if I’m evicted and lose my place me and my children will be homeless so I’m looking for a direction to go to fight this.
He can’t evict you as long as he keeps accepting lot rent checks from you. You stated that he already started the eviction process before he deposited that check. So in the eyes of the law, because he accepted payment after the eviction started, then the eviction is now void because upon accepting that money, he was basically letting it be shown that he accepts you as a tenant. Land lords CAN NOT accept any money from a tenant after they start the eviction process, because if they do, they are showing the court that the land lord accepts you as their tenant.
I have him the check before he gave me the notice to vacate but he didn’t deposit it until after he gave me the notice. We had a verbal agreement and I have notarized statement from the witnesses and the JP said verbal agreement aren’t valid in Louisiana. So the landlord stated I signed a lease but refuses to provide a copy to me. I have witnesses stating they seen the landlord threatening me and telling me since I reported him I was gonna be evicted.. how can I be evicted on reporting to the parish for not obeying the law? I own my trailer and I can’t have it moved for at least 2 months no one is available.
Let it go to court. You can tell the judge he was still accepting lot rent from you after he filed the eviction. Have proof from the bank of when your check was cashed by your land lord. (Continue to offer lot rent to him in the meantime.)The judge should then throw out the case. The land lord would have to re-file the eviction. The entire eviction process takes around a couple months. And even after the eviction, you may be prevented from re-entering your home; however, to remove it from the property is no small feat. The landlord would have to hire someone to move it at his expense, and he would have to have somewhere to move it to. Afterward, he would legally be able to sue you to get those funds back, but he would still have to be the one to pony up the dough in the first place, and he might not be able to. Most likely, he would keep you from reentering, but he would leave it in place. If it will only take you a couple months to get it moved, then you might have enough time to get it moved by the time the entire eviction process is over.
And if he claims he has a written contract with you, then he MUST provide it in court as proof. It is one of the first things the judge asks to see. And was your monthly lot payment that you paid at the beginning of the month to pay for your lot for the next 30 days, or was it a lot payment that covered the past 30 days you were there? Also, did the check you wrote him have anything written on it which specified which month you were paying for?
The best outcome would be if the judge throws it out, and the land lord is forced to refile. But bring ALL the evidence you can come up with. Even bring in proof of the complaint you had filed against him so the judge can see that the eviction was done shortly thereafter. Even bring in proof from your bank of every check he had cashed from you so you can prove you are a tenant. Land lords aren’t allowed to just force you to move without cause or on short notice unless they have a contract that specifically says they can. And oral contracts are legal in court in Louisiana. However, they are near impossible to prove, so be prepared with as much evidence as possible. And unless specifically stated otherwise, all rentals are considered to be on a month to month basis, and that determines how his oral contract with you will be handled. Therefore, he had to have given you written notice to vacate at least 10 days before your next rent payment was due at the end of the month. If not, he can have his case thrown out. You still have a lot of things going in your favor. Don’t give up hope. If nothing else, you still might be able to delay the process long enough to get your home moved in time.
We are not given the chance to go Infront a judge we are forced to go Infront a justice of the Peace and he determines on the eviction only allow 5 days to vacate.. I can’t get legal representation because it’s a oral contracts. Yes they are making people leave if you are not out when he justice of the Peace orders he then signs a warrant and has a sheriff psychically remove you from the property… I literally watched him offer another home owner $250 and she took it. I’m being told my oral contracts means nothing has word against mine so month to month is consider a show no cause eviction and we are 100% responsible for having money upfront to move out trailers that right isn’t even being given by the justice of the Peace Constable. Our court hearing and judges and question aren’t even subjected to be under oath. I asked to review archive case files and we denied that as well. Man this parish here is a piece of work. To bad I was denied representation by the lawyers i could afford and south east legal services say I have no case because of the oral agreement…. Eviction process doesn’t take long .. this sucks because I.will be able to get the landlord to relocate and the Jp Constable isn’t going to order it … The laws your saying exist in every Louisiana Parish but here
Lafayette la WILL not follow these rules I filed today aginst my tenants at the courthouse, an my court date is in January, CAN SOMEONE PLEASE HELP ME. TELL ME WHAT I CAN DO TO CHANGE THIS…