What are the rules for landlords evicting tenants?

From a 35-page guide to the state’s landlord and tenant laws published by the state Attorney General’s Office:

When the tenant breaches the lease agreement (i.e., fails to pay rent), the landlord must first deliver a written Notice to Vacate to the tenant. 

This notice gives the tenant five days, not counting weekends or holidays, to vacate. 

If the tenant is not at home when the notice is given, then the notice may be posted on the door of the leased property. This has the same effect as delivering the notice to the tenant. 

If a tenant fails to vacate within five days of notice, the landlord will begin eviction proceedings by filing a petition with the justice of the peace or city court. 

The eviction trial will be heard three days after the tenant has been served. 

The tenant will then have to appear in court and state why he/she should or should not be ordered to vacate the property. 

If the justice of the peace finds the landlord entitled to evict the tenant or if the tenant fails to appear at the trial, the court will rule in favor of the landlord. 

The tenant will be ordered to vacate the property within 24 hours. 

If the tenant fails to vacate the premises within 24 hours after the landlord is granted a judgment of eviction — then the court must issue a warrant commanding the local sheriff, constable, or marshal to seize the leased property, remove the non-complying tenant, and return possession of the leased thing to the landlord. 

Though not absolutely necessary, you may wish to have an attorney represent you at an eviction proceeding. An attorney is recommended if you believe you have legally valid reasons to contest the eviction and/or wish to preserve your rights to appeal the judge’s or justice’s decision. 

A tenant who has appeared at the trial and argued a defense can file a suspensive appeal. In addition, an appeal bond must be applied for and filed within twenty-four hours of judgment of eviction. A landlord cannot legally evict a tenant without this procedure. 

If the landlord locks the tenant out of the leased property, puts the tenant’s possessions on the street, or otherwise takes the law into his/her own hands the landlord may be liable for damages for wrongful eviction.

For more info: www.ag.state.la.us; www.lccitycourt.org.

 

LC police to monitor lanes periodically

Do police plan to do any enforcement action on Kirkman? I see a lot of vehicles disregarding the solid white lines and driving in the bike lanes.

“The Traffic Division will monitor the bike lanes periodically,” Lake Charles police Lt. Mike Weaver wrote in an email. “This is the only complaint we have received about the bike lanes.”

For more info: www.cityoflakecharles.com.

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The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098 and leave voice mail, or email informer@americanpress.com.