Legal Question in Landlord & Tenant Law in Louisiana

Eviction

In Feb. this year I agreed to let my Step Daughter's son stay in my home so he would be able to see his girlfriend who works in a city about 200 miles from my home. Since Feb. he has made no effort to find work or do much else except take up space. He is in his mid 20's. His girl friend works a week on week off schedule and I have a feeling that she is planning to set up housekeeping in my home as well. Neither of them has contributed anything to household expenses. His mother has sent a couple of hundred dollars to help defray my expenses for him over a five month period.

My wife and I are both Disabled and on a fixed income, supporting him is burden enough and his girl friend as well would not only be impossible but outrageous to boot. I want to give him an ultimatum to get a job or get out, or preferably both but I have been told that if there is a physical or verbal confrontation and the police are called that I could be thrown out of my own home leaving him in my home, and me on the street.


Asked on 7/09/09, 12:54 pm

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

Re: Eviction

File for eviction. Go to the Constable first and get them to serve him with a 10 day notice to vacate. Make it a 10 day notice to vacate, not 5, because they could argue that you have a month-to-month verbal lease, which would entitle them to 10 day's notice that you simply do not want to continue the lease (assuming there even is one). The Constable will charge you about $20 to serve that, but it will be served by a deputy, so you don't have to.

Once the 10 days is up, if they are not out, go back to the courthouse and file a Rule for Possession, which is commonly called an Eviction. The Constable will serve them again with a subpoena to show up on the court date.

Show up on the court date and the Judge will give them 24 hours to vacate the property.

If they are not out in 24 hours, the Constable will go there with you and physically remove them for you.

Note that you or someone on your behalf will have to move their furniture and belongings to the street. The Constable will stay there and make sure you are safe, but he will not actually move furniture for you. The Contable has the authority to physically kick in the door and remove them if need be.

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Answered on 7/15/09, 10:29 pm


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