How to evict in Louisiana when I live out of state

[Katy Hung]

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!

[Mike Wood]

@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.