Lousiana Housing Eviction Laws
Hopefully you will never have to deal with an eviction. However, if you do it is important to know the law, as this gives you a firmer footing to stand on in court. Louisiana housing eviction laws offer protections to both the renter and the landlord. Those having a particularly difficult eviction case on either side should contact a qualified attorney.
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At-Will Tenancy
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"At-will" or "month-to-month" tenancy refers to those who do not have a long-term lease, but rather rent by the month. In this case, your landlord can evict you for any legal reason or no reason at all. Your landlord is required by Louisiana housing eviction laws to provide you with 10 days notice prior to the end of the current rental period that you are being evicted. If your landlord fails to do this the judge can order him to start the eviction procedure all over again. The 10-day advance notice applies only when your landlord does not have cause to evict you. If your landlord is evicting you for a specific reason, such as not paying rent or some other violation of your rental agreement, a five-day notice is all that is required.
Leased Tenancy
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If you have a long-term lease with your landlord, he generally needs to provide a good reason to evict you. This means you must be either failing to pay rent or otherwise violating the terms of your lease. This also applies to those who live in subsidized housing. With the exception of subsidized housing, your landlord may evict you for no good reason after your lease runs out if you are still living in the unit, even if you are paying rent.
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Judgments
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Louisiana housing eviction laws require that your landlord obtain a judgment before he can throw you out. If your landlord attempts to throw you out before obtaining a judgment, immediately contact your local police department. The law further prohibits your landlord from changing locks, shutting off utilities or taking any other measures to keep you out of your apartment until obtaining an official judgment.
Notice to Vacate
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A notice to vacate is not the same as an eviction notice. Rather, the former is a notice to you that your landlord intends to pursue an eviction notice if you have not vacated the premises by a specified date. If you do not have a strong legal defense against eviction, you are better off moving out before the date in question. The next step is a "Rule for Possession" notice. Again, this is just a notice, in this case for a court date. At this hearing a judge will rule on your eviction case.
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