How to evict in Louisiana when I live out of state

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How to evict in Louisiana when I live out of state

Katy Hung
New Orleans, LA · Member since 2017 · 7 posts · 0 votes

I have a rental property in New Orleans, LA and one of my tenants have not paid rent for over two months now. They still have all their stuff there but she doesn't live there anymore because she has moved back with her dad in Texas in July. They keep saying they will be moving their stuff out but keep postponing and in the meantime they keep not paying rent. I know her dad, who co-signed her lease, has the means to pay as he is a lawyer and keeps saying he has all these funds to pay it, but just isn't and keeps coming up with excuses. I have provided them with a 5 -day eviction notice before and that was how I got them to pay their back rent over two months ago. 

Anyway, basically I live in California and I have come to the point where I want to proceed with eviction. 

1) Can someone advise me as what steps I need to take to move forward? 

2) And from what I understand I need to file with the court and also attend court once the court date is set. Do I need to file in person or is there a way to do this by mail or online? And since I live in California making hard for me to be there in person, what options do I have when I need to attend court date?

3) Lastly, what are my chances of actually getting what I'm owed if the court rules in my favor? They owe over $3000 in back rent and fees by now. 

Thanks in advance!

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Mike Wood
Developer · New Orleans, LA · Member since 2015 · 1k+ posts · 898 votes
6y

@Katy Hung  Have they confirmed that they have moved out in writing?  If so, there is no need for an eviction.  If they have not confirmed they moved out, your in trouble.  New Orleans is NOT doing evictions for none payment of rent until 2021, in line with the CDC guidance.  If they have confirmed in writing they moved out, I would have there stuff moved out to a self storage place ASAP and get the unit up for rent.  With the stuff in storage, I would give them 30-60 days to pay you for the moving expense and storage fee's in writing, then when they do not collect, its abandoned and trash.

As for NOLA evictions, you or someone representing you will need to go to court to file the eviction and to appear in court.  If you or a representative does not appear, the judge will rule against you.  Anyone can file and appear on your behalf, although a lawyer may be best to speed the process.  Before COVID, the eviction process was pretty smooth, but now I have no idea.

As for the missed rent, you would need to sue them after you get the eviction proceedings completed, or their property out of the unit.  This would likely be small claims court, and while you may get a judgement against them, its likely not worth it, as you would have to pay someone to do all the court stuff.  And the tenant does not have the money, so you would be relying on the co-signer.  I would just give it up and move on as quickly as possible.

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  • Shaun R.
    Real Estate Agent · Denham Springs, LA · Member since 2017 · 226 posts · 159 votes
    6y

    Where I’m at in Louisiana you have to start the process with the Justice of the Peace for the area.  Find out who they are and start there.  

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  • Mike Wood
    Developer · New Orleans, LA · Member since 2015 · 1k+ posts · 898 votes
    6y

    @Katy Hung  Have they confirmed that they have moved out in writing?  If so, there is no need for an eviction.  If they have not confirmed they moved out, your in trouble.  New Orleans is NOT doing evictions for none payment of rent until 2021, in line with the CDC guidance.  If they have confirmed in writing they moved out, I would have there stuff moved out to a self storage place ASAP and get the unit up for rent.  With the stuff in storage, I would give them 30-60 days to pay you for the moving expense and storage fee's in writing, then when they do not collect, its abandoned and trash.

    As for NOLA evictions, you or someone representing you will need to go to court to file the eviction and to appear in court.  If you or a representative does not appear, the judge will rule against you.  Anyone can file and appear on your behalf, although a lawyer may be best to speed the process.  Before COVID, the eviction process was pretty smooth, but now I have no idea.

    As for the missed rent, you would need to sue them after you get the eviction proceedings completed, or their property out of the unit.  This would likely be small claims court, and while you may get a judgement against them, its likely not worth it, as you would have to pay someone to do all the court stuff.  And the tenant does not have the money, so you would be relying on the co-signer.  I would just give it up and move on as quickly as possible.

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  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    6y

    You can start the process, I'd recommend filing Notice and serving them. Even if you don't get a writ, you don't want to be starting the process 30-60 laters if they don't move out voluntarily. You'll need someone in person in LA to appear at the hearing/trial.

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  • Katy Hung
    OP
    New Orleans, LA · Member since 2017 · 7 posts · 0 votes
    5y
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  • Katy Hung
    OP
    New Orleans, LA · Member since 2017 · 7 posts · 0 votes
    5y


    @Mike Wood they are in a month to month lease at this time. Can I give them notice to move out per terms of my lease? And if their stuff is still there after that time can I legally remove those items?

    I’m also having trouble finding local lawyers who do evictions. Do you have any recommendations?

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  • Katy Hung
    OP
    New Orleans, LA · Member since 2017 · 7 posts · 0 votes
    5y
    Having a hard time locating a local lawyer that does eviction in New Orleans. Would you happen to have any recommendations?

    Originally posted by @Ronald Rohde:

    You can start the process, I'd recommend filing Notice and serving them. Even if you don't get a writ, you don't want to be starting the process 30-60 laters if they don't move out voluntarily. You'll need someone in person in LA to appear at the hearing/trial.

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  • Katy Hung
    OP
    New Orleans, LA · Member since 2017 · 7 posts · 0 votes
    5y
    @Mike Wood the most recent conversation is this.... would this be considered a statement that they have moved out and that I can throw their stuff out?

    “Katy
    Christian vacated the house prior to Hurricane Beta.Unfortunately she contracted Covid 19 was hospitalized.She is now in quarantined as eveyone who has lived in my house since March.We are testing weekly and sanitizing everything weekly.She and I were not in your house before or after she tested positive.Unfortunately some of her furniture could not be retrieved because of the Virus.Remains in your home and must be forfeited.We’ve offer it for free for pick up. The next door neighbors expressed an interestAnd suggested offering it free for pick up the surrounding colleges.I will contact you Monday about the past rent due.We will not avoid our obligations.” 

    Originally posted by @Mike Wood:
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  • Mike Wood
    Developer · New Orleans, LA · Member since 2015 · 1k+ posts · 898 votes
    5y

    @Katy Hung  That to me is sufficient to me to confirm that they have vacated the property and have abandoned any remaining property.  I would get the stuff moved out and placed on the curb (anything of value will likely be picked up by locals, remaining will be picked up with the trash.  Get the unit cleaned and ready to market, move on and get it rented.

    Personally, I would stop chasing them for any past rent, its over and if they dont want their property, you have no leverage.

    I assume you have local management or help, if not, you need to get some.  

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  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    5y
    Originally posted by @Katy Hung:
    Having a hard time locating a local lawyer that does eviction in New Orleans. Would you happen to have any recommendations?

    Originally posted by @Ronald Rohde:

    You can start the process, I'd recommend filing Notice and serving them. Even if you don't get a writ, you don't want to be starting the process 30-60 laters if they don't move out voluntarily. You'll need someone in person in LA to appear at the hearing/trial.

     

    Logan Schroeder at Cook Yancey out of Shreveport may be able to refer someone.

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