Renters' Eviction Rights in Louisiana

A landlord has the right to evict a tenant in the state of Louisiana if certain conditions are met and approved by the court.

Under Louisiana law, if a landlord wishes to evict a tenant, he must go through the court system to do so. The landlord is prohibited from turning off any utilities, such as electric, water or gas, that would make the unit uninhabitable. However, if the landlord can prove to the court the tenant is no longer living in the unit, he can change the locks or turn off the utilities. Lousinana law concerning eviction rights protects both the landlord and the tenant from any unfair treatment.

Wrongful Eviction

Tenants may be awarded monetary damages for any physical or mental suffering caused by a wrongful eviction.

Sometimes the landlord is held liable for monetary damages if at first the eviction ruling is in his favor but later reversed after the tenant has appealed. Damages that a tenant may claim in a lawsuit over wrongful eviction include mental anguish, physical suffering, embarrassment and inconvenience. Therefore, it is important the landlord follow all the necessary judicial steps to avoid being financially responsible for the aftermath of the wrongful eviction.

Procedure

The landlord is required to first give notice to the tenant of an impending eviction, informing the tenant that she must leave the unit. The notice used may be either court-drafted or individually drafted similar to the court's model form. The notice should state why the tenant is being evicted and when the tenant is expected to leave the unit. Usually notices of evictions state failure to pay rent, breach of the lease on behalf of the tenant or expiration of the lease term with the tenant still residing in the unit. Louisiana courts have required the reason of eviction to be attached or included in the eviction notice in order to comply with constitutional due process. This allows the tenant to prepare his defense to the eviction in court.

Possession

Louisiana courts do not use juries for eviction hearings.

Louisiana law states the court may require the tenant to show cause why the notice of eviction is unfounded; therefore, he is entitled to continue occupying the unit. The court will enter a ruling on the matter quickly, and a jury is not included in the hearing process. The landlord must prove to the court that he is entitled to possession of the unit by showing the rental agreement between the two parties, the termination of the lease, the notice of due process being served to the tenant and jurisdiction. After such, the tenant is allowed to defend his right to the unit by disproving one or all of the landlord's claims.

Eviction Judgment

In Louisiana, if the court rules in favor of the eviction and the tenant does not leave the unit within 24 hours of the judgment, a sheriff can enter the unit and physically force the tenant off the premises. If any property is damaged in the process of the physical eviction, the tenant's property in the unit will be used as collateral for monetary compensation for any necessary repairs such as broken windows or doors as a result of forced entry.

Monetary Damages

Every landlord should make sure to follow every step required by the court to avoid wrongful eviction damages.

It is imperative landlords in the state of Louisiana follow the necessary judicial rules and steps when proceeding with an eviction. If the landlord is found to have wrongfully evicted a tenant, the court may order the landlord to pay large monetary damages to the tenant. One example in Louisiana deals with tenants and fixed-term leases. If a tenant has made improvements to the unit while under a fixed term lease, he may be legally owed the amount of the improvements as well as any other damages for mental suffering during the judicial proceeding.

References

• New Orleans Legal Assistance Corp.: Louisiana Landlord-Tenant Law (PDF)