Every eviction is challenging for both landlords and tenants. In Louisiana, as elsewhere, a number of specific laws need to be observed, and in this case, they are directed at the protection of the tenant. Knowing the eviction procedure in Louisiana will assist landlords in avoiding legal pitfalls while enabling tenants to defend their rights. Browse Around Here
Steps to Take Before Commencing Eviction In Louisiana
The orderly performance of action in Louisiana is prescribed by law. It is impossible to physically evict a tenant from the premises without following the due process of law, regardless of whether there are unpaid rent or breaches of the lease agreement. The path usually commences with a written notice of eviction and, when appropriately armed, ends with the tenant being forcibly removed by the authorities.
Like many states, Louisiana maintains a system of laws that regulate the permissibility of eviction with the purpose of establishing due process and preventing arbitrary eviction. A breach of these steps may legally obstruct the process, diminution of the landlord's finances, or both.
Legal Justifications for Eviction in the State of Louisiana
The State of Louisiana provides landlords with several different options for evicting tenants, which include:
1. Nonpayment of Rent
In the event that a tenant doesn’t make their rent payment by the due date, the landlord is entitled to provide a five business day notice to quit the property. The remarried tenant needs to pay pending rent within 5 working days to avoid leaving the property. Failure to comply means the landlord is at liberty to commence court eviction proceedings.
2. Lease Violations
Invitation trespasses may also give basis to eviction such as damage of property, having unauthorized tenants, and other unlawful activities. In accordance with the terms of the lease, a landlord must either send a notice to remedy the violation or notice to vacate the premises.
3. Expiration of Lease
The landlord has an option to choose not to renew the lease at the expiration of the term of the lease. The landlord needs to send a written notice in advance so the tenant has enough time to adjust before they are forced to relocate.
4. No Cause Eviction for a Month to Month Tenant
For the cases of a month to month tenant, the landlords are at liberty to cancel the contract by sending a 10 day notice to the tenant prior to the day they expect the tenant to vacate.
Steps to Follow for Evicting a Tenant in Louisiana
Step 1: Serve a Notice to Vacate
Before initiating court proceedings, a landlord must provide a written notice of eviction to the tenant. The notice duration differs with each circumstance:
- Notice of five days for not paying rent.
- Grace period as per the lease agreement for all other violations.
- Notice of 10 days for termination of month-to-month lease.
Notices should be served directly, posted on the premises, or sent through certified letters.
Step 2: Submit an Eviction Lawsuit
If the tenant has not left the premises after the time limit stated in the notice, the landlord has the right to submit a Rule for Possession at the relevant courthouse for their parish, after which the court will set up a time when both parties can argue their side.
Step 3: Hearing and Ruling in Court
During the hearing, the landlord should provide relevant proof for the eviction such as a rent payment history or lease agreements which have been broken post signing. The tenant has the ability to present argumentation against eviction.
If the ruling is in favor of the landlord, he is to receive a Writ of Possession which allows them to instantly kick the tenant out of the house within 24 hours of their voluntary departure.
Step 4: Enforcement by Law Enforcement
In the event that the tenant doesn’t leave within 24 hours, the landlord has the right to call the sheriff’s office to enforce the eviction. The law enforcement agencies will evict the tenant and ensure that the landlord is able to take control of the property.
Tenant Rights and Defenses Against Eviction
Louisiana law provides an array of defenses which are available for tenants facing eviction. Some of the common defenses are:
- Adequate notice was not provided to the tenant.
- The eviction was carried out in a discriminatory or retaliatory manner.
- The period maintenance renders the property unsuitable for habitation.
- The landlord continues accepting post eviction notice payments.
A tenant who overcomes an eviction claim will likely be permitted to continue residing in the rental unit.
Final Thoughts
In Louisiana, landlords desiring to evict a tenant have to follow specific legal guidelines which at the very least guarantees some measure of balance. In this case, there is an expectation of rational balance that is likely upright. All parties involved must have full knowledge of these laws, if not, they stand to suffer unnecessary conflict.
Important Read: https://en.wikipedia.org/wiki/Process_agent#:~:text=A%20process%20agent%20can%20act,an%20independent%20party%20is%20needed.