The Louisiana Affidavit In Support of Rule For Eviction Based On Lessee Or Occupants Failure To Appear is a legal document that a landlord must fill out and file in order to evict a tenant who has failed to appear in court. This affidavit must provide proof that the tenant was properly served notice, that the tenant failed to appear in court, and that the tenant has not paid any rent or made any other payment for the rental property. The affidavit must be signed by the landlord or authorized representative and notarized. There are two types of Louisiana Affidavit In Support of Rule For Eviction Based On Lessee Or Occupants Failure To Appear: the First Notice Affidavit and the Final Notice Affidavit. The First Notice Affidavit is used when the tenant fails to appear in court after being served the initial notice. The Final Notice Affidavit is used when the tenant fails to appear in court after being served the final notice. Both affidavits must be filed in the court where the eviction case is to be heard.
Louisiana Affidavit In Support of Rule For Eviction Based On Lessee Or Occupants Failure To Appear
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How to fill out Louisiana Affidavit In Support Of Rule For Eviction Based On Lessee Or Occupants Failure To Appear?
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FAQ
Five-Day Notice to Vacate The five-day notice must state that the tenant has five days to move out of the rental unit or the landlord will file an eviction lawsuit. The five days does not include weekends or holidays. The landlord is not required to accept rent payments after giving the tenant this five-day notice.
The Landlord must give a 5 day ?Notice to Vacate?. That is five business days, exclusive of holidays. At the end of that period, if the tenant is still in possession, the Landlord may file a Petition of Eviction.
Send that completed form to the Clerk of Court, Baton Rouge City Court, Civil Division, Room 251, P.O. Box 3438, Baton Rouge, LA 70821. ENCLOSE A COPY OF YOUR LEASE/RENTAL AGREEMENT AND A COPY OF YOUR SIGNED NOTICE TO VACATE PREMISES.
The tenant has only twenty-four (24) hours after the judgment of eviction to vacate the property, unless an appeal is filed. If the tenant does not vacate the premises within twenty-four (24) hours and no appeal is filed, the landlord may contact the sheriff or constable to execute the writ of possession.
The only legal way to remove the tenant is for the landlord to win an eviction lawsuit in court. Even after the landlord wins the eviction lawsuit, the only person authorized to remove the tenant is a law enforcement officer.
You must pay a filing fee of $113.00 (which includes Court costs) at the time you file the eviction suit. The Court costs will not be refunded once the eviction suit is filed. The Marshal will provide a copy of the petition along with the assigned Court date to the plaintiff at time of filing.
A written motion or petition for suspensive appeal must be made to the trial court and filed within 24 hours after the rendition of a judgment of eviction. "Rendition of judgment" means a signed written judgment. The appeal may be premature if it is filed before the written judgment.
They can request a hardship stay. This could stop the eviction for up to six months. Tenants cannot apply for a hardship stay unless they pay all the money they owe to the landlord, plus any costs.
