Legal Question in Landlord & Tenant Law in Louisiana

Eviction of caregiver

My brother is a quadraplegic and is bedridden. He has a woman living with him to take care of his needs which are minimal, i.e. bathroom, food, shopping. She has two small children that live with her and she holds a full-time job. He provides all utilities, food, house payments for her and her two kids. He has been hospitalized three times and told that he was malnourished. He has a problem with her doing things he asks her to do like bringing toiletries and P.J.'s to the hospital (he is currently hospitalized).Does he have an obligation to serve her with an eviction notice or can he just tell her to move out?


Asked on 4/20/09, 6:17 pm

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

Re: Eviction of caregiver

If she has no lease or other evidence of a right to possession, he does not legally have to evict her. He can just tell her to leave and call the police and report her as a trespasser if she refuses to leave.

That being said, the cops will often resist removing a person from a home where they have obviously been living, even if that person has no legal right to be there. They often just tell you, "It's a civil matter," and refuse to make them leave. I don't know why the police do that and if you pressed up the chain of command, you would eventually find someone who will remove them. They are legally nothing but tresspassers if they have no lease and you do not want them on your property.

In a nutshell, you are welcome to evict the person if you want. While it is not legally needed, it may make things easier (albeit more expensive) on you in the end.

Read more
Answered on 4/21/09, 2:45 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Louisiana