The process of removing a family member from your home is both a strenuous and emotional process. In Louisiana, however, both homeowners and landlords are obligated to legally process an eviction no matter how complicated the family relationship may be. Knowing how to evict a family member in Louisiana ensures that one stays within the legal boundaries and also prevents unnecessary conflicts. Browse Around Here
Family Member Eviction Laws Louisiana States Possess
A family relative can be evicted if:
- There is no contractual agreement in existence and the member does not plan to vacate the house.
- A family member fails to pay in agreed expenses or rent.
- The family member partakes in unlawful actions on the premises.
- The family member breaks house rules that infringe upon the property owner’s privileges.
An owner must initiate formal eviction processes should the family member flat out refuse to vacate the premises.
Steps to Remove a Family Member in Louisiana
1. Write and send an Eviction Notification
It does not matter if a contract exists, Louisiana, similar to other regions, expects landlords and property owners to put up an eviction letter. Time periods for the notice are determined and depend heavily on the individual's circumstances:
- In instance of nonpayment of rent, a five day notice is issued.
- In the case of a month to month arrangement, the notice period is ten days.
1. Notice of unlawful acts can be issued immediatly if any illegal action takes place.
2. Proceed with formal eviction request via the Courts
The homeowner's only option is to bring a Rule for Possession in their supporting parish court. A court date gets set no longer than 3-5 day post application.
3. Hearing in court and passing of judgment to follow.
Before a judge, both sides put forth their arguments. Upon being presented with a case that grants the family member legal grounds to evict, the homeowner is defendant writs possession and family member vacates the premises.
4. Sheriff leads enforcement of the eviction
Should a family member continue unwilling to comply, enforcement request must be placed via sheriff by the homeowner. Release of eviction is done 24-72 hours post receipt of-writ possession by Sheriff.
Compounents of Evicting a Family Member in Louisiana
Notice of eviction can be submitted free of charge, but as stated earlier costs:
- Services of court: somewhere between 100-300 dollars.
- Delivery of legal docs: falls in the range of 50-100 dollars depending on service cost.
- Legal representation fee: ranges from 500 to 2000 dollars depending taxpayer.
- Removal via Sheriff: charge between 75-200 dollars.
More Effective Ways to Remove a Family Member
These more cost effective solutions are without the headache of legal turmoil:
- Bring up with the family member on a personal basis to persuade them to leave.
- Provide funds to properly incentivize covering moving expenses.
- Mediation services may aid in resolving disputes without going to court.
Final Thoughts
The process of evicting a family member can be quite challenging, but in all situations, it is important to follow the law in Louisiana. Knowing the steps involved in how to evict a family member in Louisiana assists property owners in completing the procedure both lawfully and smoothly. Consulting with a lawyer or a mediator may help resolve the situation without the need for eviction and is worth considering.
Important Read: https://en.wikipedia.org/?title=Process_server&redirect=no