Im not knowing if my landlord has to be present during the eviction hearing? We're on a month to month lease, but the amount that shes listed thats owed is wrong...shes saying 3 months is owed (dates), but the amount she put down is for 4 months n...
Yes your landlord must be present for the eviction hearing or they must send an attorney or other authorized representative in their place. If a property manager or anyone other than an attorney shows up for the landlord, request that they present an agent affidavit, power of attorney or company resolution empowering them to appear on behalf of the landlord.
As for the discrepancy between what you owe (3 months) and what your landlord has stated you owe (4 months), that is immaterial to the eviction hearing. The amount of months you're behind doesn't matter, only that you're behind on your rent. Eviction hearings only deal with getting you out of the property, no money matters are dealt with so she won't get a money judgment that day. If she tries to sue you after the eviction for the past due rent that would be the time to fight over whether it's 3 months or 4 months.
Since you're on a month to month lease a 5 day notice to vacate is required to be hand delivered or posted and the landlord must wait 5 business days before filing for eviction. The day the notice is delivered does not count in the 5 days so pay attention to that, most landlord doesn't realize that and they include the day the notice is delivered and file the eviction too early. You can site Louisiana Code of Civil Procedure Articles 4701 (notice to vacate requirement) and 5059 (computation of time). If any of the technical requirements for evictions listed in the Louisiana Code of Civil Procedure are not followed then the entire eviction has to be thrown out and your landlord must start the process over.
Also, if your landlord accepts any amount of rent from you between when the 5 day notice is delivered and the eviction hearing then the eviction is void and your landlord will have to start the process over.See question
I rented space for the past 2 years. First year we had a lease, then month to month because they were trying to sell the building. The building recently sold and the new owner gave us 2 months to leave. When we moved in 2 years ago we brought i...
Unless you have an agreement to the contrary, once they're installed they become part of the building and property of the landlord. Check your original lease though, many leases renew under the same terms just on a month to month basis, if that's the case and that lease stated that the tenant could remove and keep fixtures and equipment the tenant installed then you may be able to keep it.See question
The squatters claimed residency and showed me mail over 30 days old stating that I had to go through a court eviction process.
If the police are unwilling to remove them from the residence then go through the formal eviction process which would be to serve them with a 5 day notice to vacate. If they're still there after 5 business days then you can file for eviction in either city court or justice of the peace court depending on where the property is located.See question
I hace paid the rent until march of 2015, i have young children and am concerned for their health. There are droppings in bedrooms and have seen several mice. Can you help?
The landlord is responsible for keeping the place livable, i.e. rodent free. Give the landlord formal notice (certified letter, return receipt requested) of the problem, if he doesn't fix the problem within a reasonable amount of time (usually 1 month) then you can have the problem fixed yourself and deduct that cost from your rental payments. Keep proper documentation of everything though.See question
I was told I have to pay a $250 penalty fee and find someone to fill my spot. Do I need to fill a spot for the 4 bedroom unit only that is on the contract?
That would have to be a specific provision of the lease so read the lease to see if those provisions are actually in there.See question
we pruchased the property together in 1986 and lived in it together until his death
If there isn't a Will that leaves you his half of the property then his half of the property would belong to his heirs.See question
If my husband becomes incarcerated or dies can my 11 year old step daughter stay with me.. He has Full custody of her and the mother has not been in her life for over 6 years. She was granted supervised visitations at my husbands discretion, but s...
The biological mother could petition the court for custody, it's unlikely she will do that since she hasn't been around in six years but she could. I agree you should petition for an inter family adoption ASAPSee question
My daughter is 10 and my x husband and i went to court for child support when she was 3. Court order is for him to pay me $565 a month and half of babysitter, extracurricular activities, bc I was working at the time and he was only making $12 hr. ...
Yes, only the court can modify a court order. However after the motion is filed you can mediate a stipulated judgment and just have the judge sign off on it.See question
no paternity test done but mother wants back child support now after 19 yrs. child born in Louisiana but resides in Texas. father lives in Louisiana - mother in Texas
The statute of limitation for pursuing child support owed is 10 years. However if there was never a court order, either ordered by a judge or agreed to by the parties and signed by a judge, then there is no child support owed.See question
My friend fled texas 4 weeks ago for evading arrest on foot and came to louisiana. Police picked him up at a friends house in louisiana in regards to the warrant in texasand decided to search the home without a search warrant. The police found a g...
If he posts bail he'll be given a court date for arraignment on the charges, i.e. say guilty or not guilty. Then other court dates will be set. If he misses a court date the bail will be revoked and a warrant will be issues for his arrest and any bail bond money will be forfeited.See question