Your tenant must be given a Notice to Vacate before any eviction actions can begin, unless the tenant has waived this required notice in the written lease. (If your tenant has waived this notice requirement in the written lease then the eviction procedure can being immediately. See Step Two.) The Notice to Vacate gives the tenant five (5) days to vacate the property. Weekends and holidays are not included in this 5 day time frame. If the tenant fails to vacate within 5 days of the notice, then the landlord can begin eviction proceedings. (See Step Two)
NOTE: In order for delivery of the Notice to Vacate to be proper, the notice must be handed to the tenant in the presence of at least one witness. If the tenant is not home when notice is delivered then the notice can be posted on the door of the property in the presence of at least one witness or it can be mailed to the tenant via certified mail, return receipt requested.
Step Two - Filing for Eviction
A Rule to Evict can be filed in City Court (sometimes called Parish Court) or Justice of the Peace Court. After the Rule to Evict is filed, the tenant will be served with the Rule to Evict by the City Constable, Parish Sheriff, or Justice of the Peace. The court will then set a day and time for an eviction hearing. (See Step Three)
Step Three- Eviction Trial
The landlord (or the landlord's attorney or agent) and the tenant will appear in court and each will state why the tenant should or should not be evicted from the property. If the tenant fails to appear at the trial, the court will rule in favor of the landlord. If the landlord (or the landlord's attorney or agent) fails to appear at the trial, the court will rule in favor of the tenant thus allowing the tenant to remain. If the court rules in favor of the landlord, the tenant will be given 24 hours to vacate the property.
Step Four - Post Judgment Procedure
If the tenant fails to vacate the property within 24 hours after the landlord is granted a judgment of eviction, then the court will issue a writ of possession directing the local sheriff or constable to remove the non-complying tenant from the property. If the tenant vacates the property, but leaves his personal property (e.g. furniture), under the supervision of the sheriff or city constable, the landlord may remove the tenant's property and dispose of it. The landlord may file a separate suit to collect past due rent and seize personal items, such as furniture and appliances, found in the property.
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