Eviction is a legal process that a landlord can use to remove a tenant from their property. In the state of Louisiana, there is a specific process that must be followed in order for an eviction to be legally done. In this blog post, we will explain the process of evicting someone in Louisiana, as well as provide helpful resources for landlords along the way.
Understanding Louisiana Eviction Laws
It is important to understand the eviction laws in Louisiana before initiating the eviction process. Louisiana has specific laws that must be followed in order for the eviction to be legally binding. These laws include the right to rent, lease agreements, notice requirements, and the eviction process.
In Louisiana, landlords must provide a potential tenant with a written and signed lease agreement before they can move in. The tenant must also pay a security deposit of no more than one and a half month’s rent, and the landlord must provide a written notice of the tenant’s right to rent. The landlord can also include a “three-day notice to quit” in the lease agreement, which indicates that the tenant must leave the premises within three days or face eviction.
If a tenant fails to pay rent or violates the terms of the lease agreement, the landlord must provide written notice to the tenant before initiating the eviction process. This notice must be served to the tenant either by mail or in person. The notice must include the date the tenant must leave the premises, as well as any applicable late fees.
If the tenant does not leave the premises by the date indicated in the notice, the landlord can then file for eviction with the local court.
Filing for Eviction in Louisiana
Once the tenant has been served with a written notice to quit and the date has passed, the landlord can begin the process of filing for eviction. To do this, the landlord must file a Petition for Eviction with the local court. The petition must include the name and address of the tenant, the amount of rent owed, and the date the lease was signed.
Once the Petition for Eviction has been filed with the court, the tenant will be served with a summons. The tenant must then appear in court and present their case. If the court determines that the tenant is in violation of the lease agreement or has failed to pay rent, they will be ordered to leave the premises.
If the tenant still refuses to leave the premises, the landlord can then file for an Eviction Order with the court. The order must be served to the tenant either by mail or in person, and it will give them a specific date and time to leave the premises. If the tenant does not leave by the specified date, the landlord can then call for a sheriff to remove the tenant from the property.
Helpful Resources for Landlords
In addition to understanding the eviction laws in Louisiana, landlords may also find it helpful to use the following resources:
- Louisiana Realtors Association: The Louisiana Realtors Association provides resources for landlords on their website, including information on landlord-tenant laws, a list of eviction attorneys, and a sample eviction notice.
- Louisiana State Bar Association: The Louisiana State Bar Association provides resources for landlords on their website, including a list of legal resources, a list of lawyers who specialize in landlord-tenant law, and a list of recommended books on landlord-tenant law.
- Louisiana Department of Justice: The Louisiana Department of Justice provides resources for landlords on their website, including information on landlord-tenant laws, a list of legal forms, and a list of approved mediators who can help resolve landlord-tenant disputes.
Evicting someone in Louisiana is a legal process that must be done in accordance with the state’s laws. It is important for landlords to understand the laws before initiating the eviction process, as well as to use the helpful resources available. Following the correct process will ensure that the eviction is done legally and that the tenant’s rights are respected.