Legal Question in Real Estate Law in Louisiana
we need to evict a tenant and their mobile home from our property. The tenant has struck my husband and we filed a report, the tenant has also had the police called on them 3 other occasions. We did not have them sign any agreement all was verbal but payments have documented so far. We have a problem with them no keeping their yard clean, mowed and weeded. Should we wait for the police report before filing an eviction? What would be the course of action?
1 Answer from Attorneys
Unless you have a lease that states a specific term or duration for the lease, leases are month-to-month. If there is no written lease, you can simply terminate the lease by giving at least 10 days' notice that you do not intend to renew next month. In other words, you can give them a notice anytime before August 20 that you are not going to renew the lease in September and they would have to be out by the end of this month. I would do it in writing.
Of course, if they don't leave, you would still have to file for eviction in September. However, if they do leave at the end of August, you've saved yourself a lot of money by just refusing to renew the lease.
If you don't think they will leave after getting notice, or if you can't wait until the end of the month to have them gone, go ahead and file for eviction now. You don't need to wait for the police report, but put ALL of your reasons for eviction in the pleadings you file with the Court.
You may want to hire an attorney to handle the eviction for you. It will cost you a few dollars (I would guess around $200-$500 depending on who you hire), but eviction law is not as easy as one might think and having an attorney GREATLY increases your chances of winning and getting your property back quickly. If you do file for eviction, I strongly recommend that you hire a local attorney who REGULARLY handles evictions to help you.
Lastly, as there is no lease, the tenants have not waived their right to a 5 day notice to vacate. You will have to give them a 5 day notice to vacate in writing prior to filing for eviction.
Good luck.