Legal Question in Landlord & Tenant Law in Louisiana

How do I leagaly kick out a roommate?

I own my house. About a year ago I agreed to let someone stay in my house temporaraly for a set ''rent''. He has not paid since November, and I would like him to leave. There is no written agreement, only verbal. What legal steps do I need to take to get him to leave? Does he have any rights?


Asked on 2/21/08, 2:45 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: How do I leagaly kick out a roommate?

You can file an eviction or terminate the lease. Since the lease is verbal, it is a month-to-month lease under Louisiana law. You can terminate it at any month by giving the tenant 10 days written notice that the lease is terminated. \

Since there are less than 10 days left in February, you may want to file an eviction for nonpayment of rent instead. In order to evict the tenant, you will first have to give him a written 5 day notice to vacate. You can do this yourself or have the sheriff or constable do it for you. I would recommend having the constable or sheriff serve it. Once the 5 days are up, if he has not left, you can file for eviction.

Once the tenant is evicted, you can go back to court to sue for the rent he did not pay, as well as any damage done to the premises.

Good luck.

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Answered on 2/21/08, 8:42 am


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