The process of eviction in Louisiana demands that landlords comply with specific procedures before actively seeking to remove a tenant from a rental property. Whether it is for nonpayment of rent, violations of the lease, or termination of the lease agreement, an eviction must always be lawfully executed in accordance with state regulations. Knowing how eviction works in Louisiana assists both landlords and tenants to manage the process well. Click To Find Out More
When Can a Landlord Evict a Tenant in Louisiana?
A landlord may evict a tenant for several reasons, including but not limited to:
- Nonpayment of rent.
- Violation of lease terms.
- End date or termination of a rental contract.
- Engagement in or commission of felonies or other illegal activities on the property.
In the case that a tenant does not vacate the premises after being served a notice, he or she will have to file an eviction suit with the competent court.
Types of Eviction Notices in Louisiana
1. Pre eviction notice for five days due to non-payment
If a tenant fails to pay rent on time, then the landlord will have to give a five day eviction notice. Failure to either pay or vacate in the notice duration results in legal eviction steps being initiated by the landlord.
2. Notice to Cure or Quit
A landlord will issue a notice to cure or quit for lease breaches, including but not limited to damage to property, pets without permission, or disruptive behavior. The tenant has the option to either rectify the issue or vacate the premises.
3. 10-day Notice for Terminating a Month to Month Lease
The same requirements apply to a tenant who is renting on a month-to-month basis, which is a 10-day notice to vacate prior to initiating any eviction actions.
4. Immediate Eviction for Illegal Activity
The landlord is permitted to execute an eviction without an advance notice if a tenant undertakes illegal activities within the premises.
How to Serve an Eviction Notice in Louisiana
A landlord may serve the notice using any of the following avenues:
- Personal service – Served in person by giving the document directly to the tenant.
- Posting at the rental unit – If a tenant is not present, the notice can still be placed in the residence. A posted notice will suffice as long as it is in a place where it can be seen.
- Certified mail – Giving the document via post but requesting for a signed receipt before handover.
A failure to serve the eviction notice in the manner stipulated above will annul the case in court.
Steps in the Louisiana Eviction Process
Step 1: Serve Eviction Notice
As is the case in most regions, a Louisiana landlord must make the first move by serving a formal notice for eviction. The document must be an official eviction letter detailing the reasons for compensation. The eviction notice should give a specific period for the tenant to respond.
Step 2: Initiate the Eviction Lawsuit
In the event that a tenant does not comply, the landlord proceeds to file to Rule for Possession in the local parish court. Afterwards, a hearing date set within 3 - 5 days.
Step 3: Court Hearing and Judgment
In the court hearing, both parties State their claims. Should the judge decide that the landlord is right, then they will issue a writ of possession and the tenant must leave the property.
Step 4: Sheriff Enforcement of Eviction
The landlord may seek the enforcement of a sheriff to physically remove the tenant if the tenant does not leave the house.
Costs of Filing an Eviction in Louisiana
The following do not attract any fees, however, the legal eviction costs are:
- Court filing fees: $100 - $300 depending on the Parish.
- Service fees: $50 - $100 depending on the delivery of documents.
- Attorney fees: Depending on how legally intricate it is.
- Sheriff enforcement fees: $75 - $200 if the services of the police are required.
Tenant Rights and Legal Defenses
Tenants have a right to legally fight an eviction when based on:
- The eviction notice was not properly served.
- Retaliation or unjustified discriminatory eviction reasons.
- Accepting partial rent after serving the notice.
- The living condition is harmful to one’s health and cannot be left unserviced.
The tenant will not be forced from the premises as long as they successfully contest the case alleging that the eviction is wrongful.
Final Thoughts
Both landlords and tenants must understand the process and intricacies of eviction in Louisiana. An orderly process guarantees equity, mitigates conflicts, and optimizes efficiency. Eviction notice for landlords must be served correctly, and tenants need to be informed of how to defend themselves to mitigate unwarranted eviction attempts.
Important Read: https://en.wikipedia.org/?title=Process_server&redirect=no