As is the case across the United States, Louisiana also regulates the eviction process from rental property to ensure fairness to both landlord and tenant. Eviction in Louisiana refers to the process of a landlord removing a tenant from a residence on rent after due legal processes have been followed and for valid reasons such as nonpayment of rent, breach of contract, or expiration of lease. Eviction processes can be cumbersome. It is easier for both sides to understand the underlying principles as well as the legal requirements. Look At Here Now
Legal Grounds for Eviction in the State of Louisiana
A landlord may initiate an eviction for various reasons. The most common legal grounds include:
1. Nonpayment of Rent
If a tenant does not pay rent on time, the landlord can issue a five-day notice to vacate. The notice provides the tenant's right to rectify the situation without undue consequences by paying or vacating the rented premises within a grace period of five business days. If the said payment is made, the tenant is allowed to remain till further notice. Noncompliance leads the landlord to eviction litigation.
2. Lease Violations
If a tenant violates the lease agreement such as engaging in illegal activity, damaging the property, or failing to abide by the terms of the lease, the landlord may decide to issue an eviction notice. It is the hope of the landlord that lesser damage is done before action is taken.
3. Expired Lease or No-Cause Termination
This applies to tenants who are renting on a month-to-month basis. A landlord can terminate a lease without cause by giving a 10-day written notice.
4. Illegal Activity
In case a tenant engages in behavior or actions that are criminal or pose a threat to other people, the landlord has the right to serve notice for immediate eviction and may proceed to court.
The Eviction Process in Louisiana
The eviction process needs to be undertaken within the context of the law. If the landlord does not follow the legal steps, the case may be thrown away for lacking procedure.
Step 1: Serving an eviction notice
The landlord must serve the tenant with a written notice to remove themselves from the premises before instituting an eviction lawsuit. The notice can be served in any of the following ways:
- Personally to the tenant,
- Posting at the rental property where it can be easily seen,
- Sending the notice via certified mail while retaining a return receipt together with proof of service.
Step 2: Filing an eviction lawsuit
The landlord may apply the Rule for Possession at the local parish court, if the tenant fails to exit within the notice period. A hearing is set where both parties are free to argue their side.
Step 3: Court Hearing and Judgment
A hearing is held in court where the judge listens to evidence from both the landlord and tenant. Should the judge decide to side with the landlord, the tenant shall be required to vacate the premises within a period of twenty-four (24) hours.
Step 4: Sheriff Enforcement of Eviction
In the event the tenant fails to leave the property within the stipulated twenty-four (24) hours, the landlord has the right to contact the sheriff's office to execute the eviction order and forcibly eject the tenant from the residence.
Tenant Rights and Legal Defenses
The laws of Louisiana afford tenants some degree of freedom from eviction. One can contest the eviction if:
- There is a lack of proper notice from the landlord.
- The eviction is retaliatory in nature (e.g. Tenant reported unsafe conditions or asked for maintenance work to be done).
- The eviction is discriminatory in nature (based on race, gender, disability or other protected status).
- The landlord accepted rent payments subsequent to serving an eviction notice.
In the event a tenant successfully contests the eviction, they will more likely than not be allowed to retain occupancy of the unit.
Concluding Remarks
As with any legal issue, eviction in Louisiana is a process that requires delicate handling. From the landlords perspective, they must adhere to all legal processes so that their eviction case is enforceable. Tenants need to be educated on their rights and obtain legal advice if it appears that they are being removed without cause. Along with the laws pertaining to eviction in the state of Louisiana, both parties will be able to resolve disputes in a reasonable manner.
Credible Source: https://en.wikipedia.org/wiki/Service_of_process#:~:text=In%20the%20U.S.%20legal%20system,person%20to%20respond%20to%20the