Are you a landlord in Louisiana, dealing with the challenge of evicting a tenant? Navigating the eviction process can be complex and time-consuming, but we’re here to guide you.
From serving the eviction notice to attending court hearings and receiving a judgment, we’ll break down each step and highlight important considerations along the way.
Let’s dive in and empower you with the knowledge you need to successfully navigate the eviction process in Louisiana.
Serving the Eviction Notice
To begin the eviction process in Louisiana, you must serve the eviction notice to the tenant. The Louisiana eviction notice is a crucial step in initiating the legal proceedings. Whether it’s for unpaid rent or lease violations, you must provide the tenant with a written notice, giving them five days to quit the premises. It’s important to note that tenants can waive the notice requirements by signing a written waiver in the lease document.
Once the eviction notice is served, the next step is filing an eviction lawsuit. This involves filing a formal eviction complaint with the court, which may vary depending on the court and county. After filing, the court will issue a citation (summons) and the sheriff or constable will serve it to the tenant. This citation includes important information such as the hearing date and court details. It’s essential to serve these documents in person or by certified mail.
If the judgment is in the landlord’s favor, the tenant must move out within 24 hours, or they can choose to appeal the case. If they fail to comply, the sheriff will forcibly remove the tenant, executing a warrant of possession.
Filing an Eviction Lawsuit
Louisiana evictions require landlords to file a formal eviction complaint with the court. This complaint is the first step in taking legal action against your tenant. The specific forms required may vary depending on the court and county where the property is located.
Generally, you’ll need to fill out a Rule for Possession form, which includes important details such as the names and contact information of both parties, court details, and the hearing date. Additionally, there will be a filing fee that you must pay, which can vary depending on the court and location.
For example, in Baton Rouge City Court, the filing fee is $160, plus an additional $10 for each additional defendant. Make sure to gather all the necessary documentation and comply with the court’s requirements when filing your eviction lawsuit.
Serving the Summons
Once you have filed the eviction complaint, the next step in the Louisiana eviction process is to serve the summons to the tenant. The court will issue a Citation, which is a summons to appear in court. It includes the names and contact information of both parties, court details, and the hearing date.
The summons must be served to the tenant in person or by certified mail. To serve the summons, you can hire a sheriff or constable who’ll deliver the documents to the tenant. The fee for serving the citation by the sheriff is $30.
It’s important to ensure that the tenant receives the summons as this is a crucial step in the eviction process.
Attending Court Hearing and Receiving Judgment
When attending the court hearing for your eviction case in Louisiana, you’ll present your lease agreement, eviction notice, Rule for Possession, and any evidence supporting your claim. Both parties will have the opportunity to present their cases and evidence to the judge.
The judge will then issue a judgment in favor of either the landlord or the tenant. If the judgment is in the landlord’s favor, you’ll be required to move out. It’s important to note that if you don’t attend the hearing, a default judgment may be awarded to the landlord.
After receiving a judgment, you’ll have 24 hours to comply and vacate the unit. However, if you wish to appeal the case, you can suspend the execution of the judgment by filing a written answer under oath with an affirmative defense within 24 hours of the judgment.
Moving Out or Appealing
If you wish to appeal the eviction case in Louisiana, you can suspend the execution of the judgment by filing a written answer under oath with an affirmative defense within 24 hours of the judgment. This means that you have the opportunity to present your side of the case and provide evidence to support your defense.
It’s crucial to act quickly and submit the necessary documents within the specified timeframe. In addition to the written answer, you’ll also need to file an appeal application and bond within 24 hours to ensure the suspension of execution.
If you fail to comply with these requirements or choose not to appeal, the sheriff will forcibly remove you from the premises. Take the necessary steps to protect your rights and present your case effectively.
Conclusion
In conclusion, navigating the eviction process in Louisiana as a landlord can be challenging, but with the right understanding and knowledge, you can confidently pursue an eviction.
From serving the eviction notice to attending court hearings and receiving a judgment, each step is important and requires careful consideration.
Remember to check local statutes and requirements, and be prepared for potential costs and duration.
By being well-informed, you can successfully navigate the eviction process in Louisiana.
