Legal Question in Landlord & Tenant Law in Louisiana

Evictions with no lease

I gave our landlord a 3 week notice that we were moving out, beacuse my husband had surgery and between the medical bills we had to pay up front and the time missed from work, we could not afford October's rent. We have no lease. He first said that we had 24 hours to get out. I told him that there were laws and he could not do that, so he went and got the ''official'' 5 day eviction notice and said he will be changing the locks by the 19th of this month. I know the laws state that you have to file a Rule to Evict, and they will set up a court date, but does that still apply when there is no lease involved? Please advise as soon as possible, because the 19th is only a few days away! Thank you so much!!


Asked on 10/12/06, 5:27 pm

1 Answer from Attorneys
Robert Louque The Louque Law Firm, L.L.C.

Re: Evictions with no lease

You are under what's called a month to month lease. Since there is no written lease, the first thing he must do is give you a 5-day Notice to Vacate the premises.

If you do not vacate the premises, then he has to file a Rule in court to have you evicted. These hearings are typically heard very quickly, and if the Judge decides to evict you, then you have 24 hours to move, unless properly appealed.

You should consult with an attorney as soon as possible to ensure your landlord follows proper procedure, and allows to move out peacefully.

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Answered on 10/12/06, 6:44 pm


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