Civil Eviction Court 44th Justice Of Peace St. Bernard Parish
Louisiana Civil Code Of Procedures
The following information is meant to provide general information and does not constitute legal advice or opinion. Parties should seek legal counsel before seeking court redress.
Louisiana Law requires all evictions must follow the civil evictions process, no one may perform a self help eviction. The following is the process outlined by the Louisiana Civil Code of Procedures. Art. 4912. B. A justice of the peace court shall also have jurisdiction over suits by landowners or lessors for the eviction of occupants or tenants of leased commercial premises and leased farmlands where the amount of the monthly rental does not exceed five thousand dollars per month, regardless of the amount of rent due or the rent for the unexpired term of the lease.
Acts 1989, No. 298, §1; Acts 1991, No. 544, §1; Acts 2001, No. 713, §1, eff. June 25, 2001; Acts 2005, No. 43, §1; Acts 2008, No. 338, §1; Acts 2021, No. 25, §2.
Louisiana has no self help options you must go through proper legal procedures.
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The following outlines certain legal procedures related to lease termination and eviction as per the laws applicable, likely in Louisiana. Here's a concise summary of the key points:
Notice to Vacate (Art. 4701)
- Termination of Lease: A written notice to vacate must be delivered to the lessee if the lease is terminated (by expiration, lessor action, or nonpayment).
- Notice Period: The lessee must receive at least 5 days to vacate.
- Lease Terms: For leases without a definite term, legal notice serves as a notice to vacate. For definite leases, notice can be given up to 30 days before expiration.
- Waiver: Lessees can waive the notice requirement through a written agreement.
Notice to Occupant (Art. 4702)
- Notice for Other Occupants: Similar to lessees, other occupants must also receive a written notice to vacate, allowing 5 days.
Abandonment Procedures (Art. 4703)
- If premises are abandoned or the occupant is unlocatable, notices can be attached to the property, which has the same effect as delivery.
Rule to Show Cause (Art. 4731)
- Filing for Eviction: If the lessee does not vacate, a petition can be filed with the court to order the lessee to show cause for not being evicted.
- Indications of Abandonment: Signs that the premises have been abandoned can lead to possession being taken without additional court processes. There are no self help options in Louisiana you must have a warrant from the court.
Trial of Rule (Art. 4732)
- Court Process: The court will schedule a trial at least 3 days after service of the rule. If the lessor prevails, a judgment of eviction will be issued, effective for at least 90 days.
If you have any specific questions about these articles or need further clarification on any aspect, feel free to ask!
