Legal Question in Landlord & Tenant Law in Louisiana

Question about an eviction notice

I tried to give my landlord my rent that was due at the 22nd of the month and he would not take it from me. He said that he was condiming the trailer. But then the next day I got an eviction notice and I only have 5 days to get out. I have three kids and one being a newborn and one is in school. So I guess my question is this is he able to throw me and my family on the street? I thought they were suppose to give me atleast 30 days? I am from hurricane Katrina and there is no where else for me to go in that short of notice and I just dont know what to do anymore. Can anyone help me?

Asked on 1/25/07, 10:27 pm

1 Answer from Attorneys

Johm Smith tom's

Re: Question about an eviction notice

By law you get 5 days to move out, unless you agreed to less time in your lease. If you move out, make sure you give your landlord a written request for your deposit instead of just asking for it, which is hard to prove later. Most likely, your landlord knows LA landlord-tenant law; so you would be wise to get an attorney very soon if you want to try to stay in the trailer; otherwise, you will probably miss a deadline you do not know about and lose your right to stay, even if you challenge the landlord's right to evict you. For example, you will need to start a court proceeding and your petition must include a notarized statement by you that you have an "affirmative defense." For example, this could be that the lease is not ended and you tried to pay the rent and it was refused.

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Answered on 1/26/07, 10:16 am

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