COURT ORDER EVICTION
Additional Information
Evictions Process
It is very important that Landlords read the below paragraph.
In Louisiana, a landlord can only evict a tenant through the judicial process.
Lock-outs, removal of the tenant’s property, utility terminations or otherwise rendering the premises uninhabitable or inaccessible, is prohibited.
The landlord cannot disturb the possession of the tenant in any way without first resorting to the judicial process
Month-to-Month Tenants - If you rent by the month and do not have an agreement as to how long your rental will last, you are a “month-to-month” tenant.
If you are a month-to-month tenant, your landlord can evict you for “no cause” or reason but he must give you a 10 days notice in writing before the end of the current rental period. If the landlord does not give you the proper notice, the judge can order the landlord to start the eviction process over — usually for the next month. Defenses to this 10 day “no cause” evictions are limited.
If you do something to break your agreement, not paying your rent, for example, your landlord can generally evict you on 5 days’ notice.
Written Lease or Subsidized Housing - If you have a written lease or if you live in subsidized housing, your landlord usually needs a good reason to evict you. For example, failure to pay rent or any other violation of the lease.
If your lease has run out you may be evicted without a good reason, unless you live in public housing or certain types of subsidized housing.
Your landlord cannot legally evict you until he gets a court order called a “WRIT OF EJECTION” allowing the eviction. Once the court order “WRIT OF EJECTION” has been issued by the court a Constable or Deputy Constable will call and set up an appointment with the Landlord to actually perform the eviction. Louisiana Law states that the landlord is not allowed to remove or tamper with the tenant's property until a Constable, or Deputy Constable arrives and performs the Eviction Process. If your landlord tries to evict you without getting a court judgment, call the police. They should help you as long as there is no court order. As in most states, the landlord cannot legally change the locks, shut off your utilities or try to keep you out of your home until the Constable or deputy constable has completed the eviction process.
During the actual eviction, the Constable or Deputy Constable is to place all of the tenant's property at or near the closest street curb beyond the sidewalk if able. If placing the property at that location would create a hazard or render the sidewalk or street impassable then the property will be placed as close to the street as possible.
It is generally held that the Landlord must allow the evicted tenants access to and the time necessary to retrieve, and remove the tenant's property for at least a 24 hours time period. Tenants must also understand that if their property remains on the curb or on the Landlords property for more than a 24 hours then the tenant must expect that the landlord or the city, or parish government will most likely remove the tenant's property as it constitutes a nuisance and can be hazardous to the public.
Evicted Tenants should note that after a Constable, or Deputy Constable has complete an eviction, the tenant's property left on the curb cannot be protected by the Constable’s or the landlord and is not the responsibility of the Constable, landlords, or the police department to protect it. The evicted tenant is responsible for the removal and protection of their own property. it is tenants responsibility to make arrangements to remove, and or protect their own property before the Eviction is executed. This can be done by moving before the eviction is executed by the Constable. Please remember that once a Judgement has been made in court by a judge, which will most likely be rendered on the trial date, the tenants only have 72 Hours to vacate, and at any time after that, the Constable or deputy constable can arrive to promptly perform the actual eviction. No other warnings or notices are given before the Constable arrives to the eviction.
A Notice to Vacate means that your landlord plans to file a lawsuit for your eviction if you don’t move out by the end of the notice period.
It is not a court order to move out. The landlord cannot get a court order for eviction until there has been a trial before a judge. If you get a Notice to Vacate, you should quickly decide what to do. If you want to stay, you should first try to work out a deal with the landlord. Some landlords just want their rent paid.
If you don’t have a good eviction defense, you should move. You need to find a new apartment before the landlord can get a court order evicting you.
If you do not move out by the end of the Notice to Vacate period, your landlord may have you served with court papers called a “Rule for Possession.”
A Rule for Possession is a lawsuit by the landlord asking that you be evicted. The Rule for Possession should tell you the date, time and place of the trial and the reasons why the landlord wants to evict you.
The Rule for Possession asks the court to hold a trial and decide whether you can be evicted. If you want to fight the eviction, you have the right to be heard in court and present your defenses.
A landlord generally does not have to accept late rent unless it was within a grace period. The landlord may refuse the rent and sue you for eviction.
If the landlord later accepts the rent or any portion of the rent then the eviction process is rest and the landlord must re-apply for an eviction again with the court.
If the landlord later accepts the rent or any portion of the rent has a custom of accepting late rent, you may have a defense to an eviction for nonpayment of rent.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
