Evictions

The eviction process begins by reading your lease and knowing if the lessee has waived their right to a notice to vacate.  If the lessee has not waived their notice to vacate then a written 5 day notice to vacate must be hand delivered with a witness present, who must appear in court in with you AND a copy of the notice to vacate must accompany the petition of eviction when submitted to the court. An alternative to hand delivery is certified mail with a copy of the delivery receipt presented to the court.  If there is no written lease or the lease has expired a written notice 10 days before the end of the month must be provided in the same manner as the 5 day notice either by hand delivery with a witness present or certified mail with delivery receipt. The notice to vacate does not include holidays or weekends. The lessor may take pictures or video of delivery as appropriate. If money is accepted after a notice to vacate has been issued the process starts over.

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After a notice to vacate and the lessee has not moved or still has possessions in the residence/property the lessor may submit to the court a copy of the notice to vacate (if required), a Petition of Eviction, and $210 cash or a check made payable to Justice of the Peace Patrice T. Harper. ($120 for the petition and $25 for service of process; $40 for a Writ of Possession and $25 for service) If a Writ of Possession isn't required $65 will be refunded. Include an extra $25 for each additional defendant. If the plaintiff is evicting a tenant in accordance with LSA-C.C.P. Article 4701 you must bring the original lease when you file your case.

 

The Justice of the Peace will prepare notice and the Constable will serve the tenant to appear in court. Both parties will be notified of date, time and place of court. If either party does not appear for court the other party wins by default. If the tenant moves out before the court date the plaintiff should contact the court.

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At court both parties need to bring all of the evidence and witnesses needed to present to the Judge. She will weigh the evidence and testimony of all parties and render a judgement of eviction or non-eviction at that time.  If the tenant is evicted and is still in the premise 24 hours after a Judgement of Eviction is granted, the plaintiff should call the Justice of the Peace and/or the Constable to make the arrangements for a Writ of Possession.

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