Legal Question in Credit and Debt Law in Louisiana


Can you please tell me the process I need

to use to evict a person from a business for

failure to pay rent in La.?

Asked on 4/16/04, 2:16 pm

1 Answer from Attorneys

Perry Staub Taggart Morton

Re: Eviction

Your question did not disclose whether the person had a lease with you or not. However, the eviction process for non-payment of rent is similar no matter what the circumstances.

You first post a five-day notice to vacate on the premises door, citing non-payment of rent as the reason. You then head down to the nearest small claims court, justice of the peace court or whatever similar court exists in your locality and file a rule to evict. Most courts have forms for this purpose.

If you have a written lease, check to see if it has a waiver of the notice requirements. If it does, you can set the rule to evict right away. If not or if the lease is oral, you must wait the passge of the five days and then file the rule to evict. After the rule is granted, you then need to return after 48 hours and get a rule for possession fo the premises; this authorizes the sheriff to enter the premises and throw the tenant's assets onto the street if need be.

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Answered on 4/16/04, 2:43 pm

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