Eviction Lock-out clause in Leases - Louisiana

[J Salter]

Firstly, this question is asked generally but the property is in Louisiana.

I would like to know if anyone has or could share with me a eviction lock-out clause in their rental leases.

As far as I can gleam from Louisiana law, after a 5 day eviction notice, the landlord can either file on the tenant or repossession his property if the tenant has "abandoned" - word of the law. [ref: Louisiana CCP 4731]

I have had trouble with one tenant (case closed) and want to prevent loss of time (money) in the future. So I plan on including a clause in the lease which politely says if you are delinquent and notice has been given, we will change the locks on the unit when you willfully vacate. I interpret the law to mean that even if they leave the unit for an hour or two, I can change the locks since they (at least technically) have willfully vacated.

Seems like its a little bit of a grey area which works in my favor and would hold up in court (which I am trying to prevent). As long as its in the lease and signed I believe it should not be a problem in Louisiana especially considering our laissez faire customs of legal execution so long as it isn't criminal or does not conflict with housing laws.

Thoughts? Lease suggestions? Do you think it is fair? Smart? Dumb?

[Jon Holdman]

I think doing such a "self help eviction" will cause you WAAAAY more grief than going through the process. Sounds like you want to wait until the tenant leaves the unit, whether they've moved out or not, and change the locks. Pretty sure that won't fly.

If you really want to do this, you MUST discuss this with your lawyer.

From my discussion when a tenant choose the "pay or quit" alternative, handing over the keys constitutes handing over the property. I have gone to a property to find it empty and the keys on the counter. That means they're gone and you can change the locks. In another case, they didn't leave the keys. But all their clothes, furniture, and food was gone. Some paint and cleaning supplies where left behind. My lawyer advised me to walk the property with another person and video what I saw. Then change the locks and re-rent the place.

But to change the locks when there stuff is still there? No way.