EVICTION RULES

Definition of Terms:

  1. FIVE DAY NOTICE – A five day notice is obtained when a landlord has a written lease with the tenant and evicts a tenant for non-payment of rent or breach of contract. **Reference C.C.P. Art. 2680 & C.C.P. Art. 2728** LEASE MUST BE CURRENT.

  2. TEN DAY NOTICE – A Ten day notice is obtained when a landlord has a month to month lease, or does not have a lease and evicts a tenant for any reason. When the rent has been paid, then a ten day notice prior to the expiration of rent has to be filed. There can be more than ten days, but not less.

  3. SERVICE OF NOTICE – Notice under the eviction statues of the state of Louisiana may be served either domiciliary (on a person residing in the household of suitable age and discretion) personal service, by tacking the notice on the premises, or by service by the Marshal’s office.

  4. COMUTATION OF TIME – A Five Day Notice is 5 consecutive days that does not include weekends or legal holidays. A Ten Day Notice is 10 consecutive days, including weekends and holidays. **Reference C.C.P. Article 5059**

Procedure:

  1. NOTICE TO VACATE **Notice to Vacate is only good for 30 days**
    1. Obtain a five day notice or a ten day notice from the Clerk’s office in the Civil Section of the Court. The jurisdiction is Ward 4, Calcasieu Parish, Louisiana (which includes Sulphur, Carlyss, Westlake and outlying areas in Ward 4).

  2. RULES FOR POSSESSION OF PREMISE
    1. If the tenant does not pay the rent or move from the premises after receipt of the notice to vacate, a rule to show cause must be fixed for hearing. This process is called an eviction suit and a deposit is required.
    2. The rule is fixed so that both parties may show why the tenant should vacate the premises and the tenant has the same opportunity to show cause why he/she should not.
    3. If both parties appear for the rule and the landlord is granted an eviction judgment, the tenant is notified in person that he/she has 24 hours to vacate. If the landlord appears and the tenant does not, then a 24 hour notice of eviction will be issued and served on the tenant by the Marshal.
    4. If the landlord requests that the eviction suit be cancelled, a written dismissal must be filed with the Civil Office.

  3. WRIT OF EJECTMENT – FINAL STEP
    1. If the tenant does not move within the 24 hour period, then the landlord will have to appear at the Civil Division of the Court and apply and pay for a Writ of Ejectment. At that time, the Marshal meets with the landlord at the address of the rent property. The tenant has to move out voluntarily or by the force of the Marshal.

 

FOR ADDITIONAL INFORMATION CONTACT THE CIVIL DEPARTMENT

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