Legal Question in Landlord & Tenant Law in Louisiana

My tenant refuses to pay this month's rent and says "I guess you'll have to just evict me". Meanwhile we still have an old check she wrote for rent that bounced several months ago and we made her start paying rent with cashiers' checks after 2 checks bounced. Can we legally try to cash that old check again for THIS month's rent?

She has April and May still to pay for according to our lease.


Asked on 4/22/10, 6:13 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

No. You should just file for eviction. If you want to get the money she owes you, you can also file a small claim and have her served with that suit before she leaves the property (as she may be hard to find after that). The eviction will only give you possession. You can't get a money judgment in an eviction.

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Answered on 4/28/10, 12:31 pm


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