No landlord looks forward to evicting a tenant. Why would you? That leaves you with an open unit, which means no rent being collected. However, sometimes circumstances arise that make eviction for a particular tenant necessary. Here are five things a Louisiana landlord must understand about evicting a tenant in Louisiana.
1. Notice for Termination with Cause
What this means for landlords is that you must terminate your rental agreement, or lease, with the tenant before eviction, and you must have legal cause to do so. After establishing cause, you must give a five-day notice to the tenant asking them to vacate your rental property.
2. Notice for Termination without Cause
Without cause, you must allow the lease term to expire ahead of eviction.
- For month-to-month tenancy, you allow the tenant a ten-day notice of termination, detailing that their month-to-month will end at the end of ten days and they must vacate.
- For fixed-term lease, unless otherwise indicated by the tenant that they have a desire to stay on the premises, you can expect the tenant to vacate after the lease expires, and are not required to give notice.
3. Tenant Eviction Defenses
What's necessary for landlords to understand here is that, at any given point during the eviction process, the tenant has a right to fight the decision. This right is theirs regardless of your legality for doing so.
4. Removal of the Tenant
This is crucial. Never remove tenants from your rental property. That is not your job. It is illegal for you to do so, in fact. Leave it for the law enforcement officer to handle.
5. Rationale for the Rules.
Most importantly, as a landlord, you must understand that you are putting someone out of a home. Therefore, these rules are in place for your protection, as well as the tenants'.
With these five things understood, you have a better chance to ensure all parties involved in an eviction process receive general care throughout the ordeal.
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